Andhra Pradesh High Court - Amravati
Tirumalaraju Surya Narayana Raju, vs The Union Government Of India, on 7 September, 2022
Author: R.Raghunandan Rao
Bench: R.Raghunandan Rao
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.22254 of 2022
ORDER:-
The petitioner is the holder of passport bearing No.K6573608. As the said passport was expiring, the petitioner is said to have submitted his passport with an application, for renewal to the 2nd respondent, on 10.03.2022. However, the 2nd respondent had not processed the said application. Thereupon, the petitioner had made enquiries with the 2nd respondent and came to know that the application of the petitioner, for renewal, was not being processed on the ground that Crime No.535 of 2020 was registered against the petitioner, along with others, on 17.12.2020 under Sections 420, 468 and 471 of IPC in 4 th respondent-Bhimilipatnam Police Station, Visakhapatnam.
2. The petitioner has approached this Court being aggrieved by the said action of the 2nd respondent in not renewing the passport of the petitioner.
3. Sri M.L.Ali learned counsel, appearing for the petitioner would submit that the passport officer would be entitled to refuse renewal of the passport only in terms of Section 6(2)(f) of the Passports Act and none of the conditions set out in the said provision would apply to the petitioner. It is his case that the provisions of Section 6(2)(f) of the passports Act would not be applicable as there is no case pending before any Criminal Court in India. He further submits that it is only when cognizance is taken of a criminal case by the Court that 2 the conditions set out under Section 6(2)(f) of the Passports Act would be applicable and in the present case, no such cognizance has been taken.
4. The learned Government Pleader for Home has produced written instructions submitted by the 4th respondent dated 06.09.2022. In these written instructions it is stated that the complaint filed against the petitioner and others is under investigation and the presence of the petitioner is very much necessary for completing the investigation as the other accused are staying abroad since the registration of the crime.
5. The Hon'ble Supreme Court of India in its Judgment dated 27.09.2021 in Crl.A.No.1342 of 2017 in the case of Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation, after considering Section 6(2)(f) of the Passport Act had held that the passport authority cannot refuse renewal of the passport on the ground of pendency of a criminal appeal and directed the passport authority to renew the passport.
6. The issue and renewal of passports is regulated by the Passport Act, 1967. Section 6(2), extracted below, is relevant for this purpose.
(2) subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of Section 5 on any one or more of the following grounds, and on no other ground, namely:-
(a) that the applicant is not a citizen of India., 3
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India.,
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country.,
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a Court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years.,
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court of India.,
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court.,
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation.,
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.4
The grounds on which, the renewal of the passport of the petitioner is being refused could at best fall within Section 6 (2)
(f) of the Passport Act. This provision has been considered in various cases and the ambit of this provision is fairly settled.
7. A learned Single Judge of the High Court at Madras dated 04.02.2021 in W.P.No.20058 of 2020 held that mere pendency of a First Information Report cannot be the legal basis for denial of issuance of a regular passport to the petitioner and that it is only after cognizance is taken by an appropriate Court that it can be held that criminal proceedings have commenced and issuance or renewal of the passport would be depend on no objection being given by the concerned Court.
8. The Central Government has also issued G.S.R.No.570(E), dated 25.08.1993 stipulating that a no objection order would be required from a Court only if it falls within the ambit of Section 6(2)(f).
9. In view of the fact that Section 6(2)(f) would arise only when there is a pending proceeding before the Criminal Court after cognizance is taken, it would have to be held that as of now there is no pending criminal proceeding before the Court.
10. Accordingly, this writ petition is disposed of with a direction to the 3rd respondent to consider the application of the petitioner, for renewal of his passport, without raising any objection relating to the pendency of Crime No.535 of 2019 in 4th respondent-Bheemili Police Station, Visakhapatnam. 5
11. However, this order shall not preclude the 4th respondent from taking such steps as are necessary to ensure the presence of the petitioner, for conduct of the investigation of the aforesaid crime for any other purposes. There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date: 07-09-2022 Note:
Issue C.C in two days B/o RJS 6 THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.22254 of 2022 Date : 07-09-2022 RJS