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Meena Shekhar Shah v. the Union of India through the Ministry of External Affairs

Bombay HC30 Jan 2025WP/344/2025

Case brief

AI extract

What is this about?

Passport renewal; reopen passport application BO3075545653621; Section 6(2)(f) Passport Act; Notification dated 25th August 1993; pending criminal proceedings; permission from Criminal Court; reissuance of passport; 10-day timeline for Criminal Court decision; Civil Writ Petition No. 14116 of 2024 order dated 14.01.2025 followed; Bombay High Court OO Jurisdiction; writ petition disposed, contentions kept open, no costs.

What did the court decide?

Petitioner permitted to make an application before the Criminal Court where proceedings are pending for orders for reissuance/renewal of Passport; Criminal Court to decide such application within 10 days of filing; all contentions of parties expressly kept open; no order as to costs. ¶30

Meena Shekhar Shah vs the Union of India through the Ministry of External Affairs — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner is entitled to a direction to Respondent No. 2 to reopen Passport Application No. BO3075545653621 for renewal and issuance of a Passport for a full period of 10 years. +1 more

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Court's answer

The Petitioner is permitted to make an Application before the appropriate Criminal Court to obtain orders for reissuance / renewal of the Passport.

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Ratio / Principle

The Petitioner is covered by the provisions of Section 6(2)(f) of the Passport Act read with Notification dated 25th August 1993, having been proceeded against before the Criminal Court in respect of the offences alleged.

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Key takeaways

Upon the Petitioner making such Application before the Criminal Court in which the proceedings are pending, the Criminal Court shall decide the same within 10 days from filing of the Application.ratio¶26

Detailed headnote1 paragraphs

Passport Act, 1967 — S. 6(2)(f) read with Notification dated 25th August 1993 — citizen against whom criminal proceedings are pending must furnish order of the concerned Criminal Court permitting departure/reissuance — Writ Petition by applicant whose criminal proceedings are pending seeking direction to Respondent No. 2 to reopen Passport Application No. BO3075545653621 for renewal and issuance of Passport for full 10-year period — following earlier order dated 14th January 2025 in Civil Writ Petition No. 14116 of 2024, Division Bench held Petitioner covered by S. 6(2)(f) of the Passport Act read with the Notification — Petitioner permitted to apply to the appropriate Criminal Court for orders for reissuance/renewal of Passport — Criminal Court to decide such application within 10 days of filing — all contentions expressly kept open — Writ Petition disposed of with no order as to costs.

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Sharayu Khot.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 344 OF 2025

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Meena Shekhar Shah …Petitioner

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Versus

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The Union of India & Ors. …Respondents

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Mr. Vaibhav Sugdare a/w Mr. Shaikh Yusuf Ali for the Petitioner. Mr. Vinit Jain a/w Mr. Ashutosh Mishra for the Respondent No. 1- UoI.

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Mr. Prashant Kamble, AGP for the Respondent No. 3 – State.

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CORAM : R.I. CHAGLA J FARHAN P. DUBASH, J

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DATE : 8 September 2025

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ORDER :

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By this Writ Petition, the Petitioner is seeking a direction

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SHARAYU PANDURANG KHOT

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to the Respondent No. 2 to reopen the Passport Application No. BO3075545653621 of the Petitioner for renewal and issuance of Passport for a full period of 10 years.

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Digitally signed bySHARAYU PANDURANG KHOT Date: 2025.09.10 11:09:03 +0530

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The learned Counsel for the Petitioner has referred to an

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order dated 14th January 2025 passed by this Court in Civil Writ Petition No. 14116 of 2024, wherein similar prayer of direction to the Respondent for re-issuance of Passport was sought. This Court had upon considering the provisions of Section 6(f) of the Passport Act read with Notification dated 25th August 1993, which provides that a citizen of India against whom the criminal proceedings is pending in respect of an offence alleged to have been committed by him, ought to furnish order from the concerned Court permitting him to depart from India. This Court had accordingly, directed the Petitioner therein to make application to the Criminal Court seeking order that the Petitioner be granted reissuance of his Passport. It was further directed that if such an application is made, the Criminal Court will decide the same within 10 days from its filing.

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The learned Counsel for the Petitioner has accordingly, submitted that the present case also falls within the provisions of Section 6(2)(f) of the Passport Act read with Notification dated 25th August 1993, as the Petitioner is being prosecuted in respect of the offences alleged to have been committed by her, and which proceedings are pending before the Criminal Court.

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The learned Counsel for the Petitioner has accordingly, sought for similar order as had been passed by this Court in Civil Writ Petition No. 14116 of 2024 vide order dated 14th January 2025 (supra).

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We have considered these submissions, as well as noted the prayer sought for in the present Writ Petition as well as the recent decision of this Court in Civil Writ Petition No. 14116 of 2024 - order dated 14th January 2025 (supra). We are of the view that the Petitioner is covered by the provisions of Section 6(2)(f) of the Passport Act read with Notification dated 25th August 1993. This is in view of the Petitioner having been proceeded against before the Criminal Court in respect of the offences alleged to have been committed by him. Accordingly, the Petitioner is permitted to make an Application before the appropriate Criminal Court to obtain orders for reissuance / renewal of his Passport.

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The Petitioner is permitted to make an Application before the Criminal Court in which the proceedings are pending and upon making such Application, the Criminal Court shall within the 10 days from filing of the Application, decide the same.

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