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Checking relevance for Vangala Kasturi Rangacharyulu VS Central Bureau of Investigation...
2021 0 Supreme(SC) 992 : The passport authority cannot refuse renewal of a passport on the ground of pendency of a criminal appeal, even if the accused is undergoing investigation or the appeal is pending. The refusal of a passport under Section 6.2(f) of the Passports Act, 1967 is only applicable when the applicant is facing trial in a criminal court, but not when the conviction is still under appeal. In this case, the appellant''''s conviction remains pending disposal of the criminal appeal, and the sentence imposed is only one year. Therefore, the passport authority is not justified in refusing renewal based on the pendency of the appeal. No permission from the trial court is required for passport renewal under these circumstances.Checking relevance for Hema VS State, thr. Inspector of Police, Madras...
Checking relevance for SAMAJ PARIVARTANA SAMUDAYA VS STATE OF KARNATAKA...
Checking relevance for STATE THROUGH CENTRAL BUREAU OF INVESTIGATION VS HEMENDHRA REDDY...
Checking relevance for Hazari Lal Gupta VS Rameshwar Prasad...
1971 0 Supreme(SC) 638 : In a case where criminal proceedings are pending and re-investigation is ongoing, the accused cannot renew their passport without court permission. The court may impose restrictions on the accused, including requiring the surrender of the passport, to prevent the risk of jumping bail. In this case, the High Court directed the Additional District Magistrate to seize the appellant''''s passport before releasing them on bail, and the appellant was released only after surrendering their passport. The court explicitly held that the apprehension of the appellant jumping bail could not be brushed aside, and the restriction on leaving India was maintained. Therefore, renewal of a passport during pending criminal proceedings, especially when re-investigation is ongoing, requires court permission, and the court may deny renewal or require surrender of the passport to ensure the accused remains available for trial.Checking relevance for Meenal Bhargava VS Naveen Sharma...
Checking relevance for Sharath Chandrasekhar, S/o. Rachappa Chandrashekar VS Union of India, Through Its Secretary, Ministry of External Affairs...
2024 0 Supreme(Kar) 82 : The renewal or re-issuance of a passport cannot be denied solely on the ground of pending criminal cases if the proceedings are at the stage of investigation and the concerned court has not taken cognizance of the offense. Therefore, in a situation where a re-investigation is ongoing and no cognizance has been taken by the court, permission from the court is not necessary for the renewal of the passport of the accused.Checking relevance for Pawan Kumar Rajbhar VS Union of India...
2024 0 Supreme(All) 1870 : The court ruled that passport applications, including renewals, cannot be rejected solely based on non-cognizable reports (NCR) and that the Regional Passport Authority shall not withhold issuance, renewal, or reissue of a passport against an NCR. The court further clarified that the term ''''proceeding'''' in the Passports Act, 1967 includes a pending criminal investigation. Therefore, in cases where a re-investigation is ongoing, the accused may still renew their passport without requiring prior court permission, provided the jurisdictional Criminal Court is informed in advance of the foreign travel plan. The court emphasized that the purpose of the Act is to facilitate foreign travel while ensuring the State''''s legitimate concerns are addressed through notification to the competent criminal court, not through automatic denial of passport renewal.Checking relevance for Rita Verma VS Union of India...
2024 0 Supreme(All) 1726 : Under Section 6(2)(f) of the Passports Act, 1967, the renewal of a passport for an accused person is not automatically barred merely because a criminal investigation is pending. The court has held that the term ''''proceeding'''' must be interpreted broadly to include a pending criminal investigation, and that the Regional Passport Authority shall not withhold passport renewal based on a report of a Non-Cognizable Report (NCR) or pending FIR. However, if a criminal investigation is ongoing, the accused must obtain permission from the jurisdictional Criminal Court (such as a Judicial Magistrate) having territorial jurisdiction over the police station where the investigation is pending. This court must assess whether travel would prejudice the investigation, whether the accused has cooperated, and whether their presence is necessary during the proposed travel period. Thus, while passport renewal can proceed, court permission is necessary before travel abroad when a re-investigation is ongoing.
