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1. This matter is taken up through hybrid mode.

2. Hard copy of Counter Affidavit filed in Court today is taken on record.

3. The Petitioner in this writ petition seeks to assail the order dated 15th May, 2023 (Annexure-4) passed by the Regional Passport Officer, Odisha, Bhubaneswar refusing to renew the passport of the Petitioner and granting liberty to make a fresh application for renewal of passport giving the undertaking in the format appended to the said order.

has observed that the refusal of a passport can be only in the case where applicant is convicted during the period of 05 years immediately preceding the date of application for an offence involving moral turpitude and sentenced w imprisonment for not less than two years as per Section 6(2)(e) of the Passports Act 1967 [which inter alia provides that the passport authority shall refuse to issue a passport or travel document on the ground then the applicant has it 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 turpitude and sentenced in respect thereof to imprisonment for not less than two years].

(ii) The cases where the Appellate Court has stayed the conviction, the legal effect would be that in such cases Section 6(2)(e) of the Passports Act 1967 may not be applicable.

(iii) The cases where trial proceedings have been stayed by the Appellate Court. applicability of Section 6(2)(1) [which inter-alia provides that the passport authority shall refuse to issue a passport or travel document on the ground that proceedings in respect of in offence alleged to have been committed by the applicant are pending before a criminal court in India], would depend upon the nature of stay, reasons for stay and stage at which proceedings // 6 // Designation: Senior Stenographer Location: High Court of Orissa, Cuttack Date: 18-Jan-2024 16:44:00 have been stayed. No definitive view of such cases can be expressed.

7. Considering the rival contentions of the parties and on perusal of the record, this Court feels it proper to go through Section 6(2) of the Act, which reads as under:

"6. Refusal of passports, travel documents etc-
(1) xxx xxx xxx xxx (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: -