Kapil Gupta Vs Union of India Th. Secretary Ministry of External Affairs New Delhi and Another — J&K HC (2025) — LawSathi Research

Kapil Gupta Vs Union of India Th. Secretary Ministry of External Affairs New Delhi and Another — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent No. 2 – Regional Passport Officer, Jammu (1st Floor Aquaf Trust Building, Gandhi Nagar, Jammu) to consider renewal of the petitioner's passport notwithstanding the FIR No. 0185/2023 implication, the renewal exercise to be done within 30 days.

Issue for consideration

Whether the petitioner may secure renewal of his expired passport (No. M7955429) despite his implication in FIR No. 0185/2023 of Police Station, Kahanachak, Jammu, given that the investigation remains open with no chargesheet filed against him.

Court's answer

Respondent No. 2 – Regional Passport Officer, Jammu is directed to consider the renewal of the petitioner's passport notwithstanding his implication in FIR No. 0185/2023 of Police Station, Kahanachak, Jammu.

Ratio / Principle

The implication in FIR No. 0185/2023 is to have no bearing on the petitioner's antecedents unless and until other adverse verification reports are operating against him, whose attendance and consideration rests with respondent No. 2.

Key takeaways

The needful exercise relating to renewal of the petitioner's passport is to be completed within the next 30 days.ratio¶04

Detailed headnote1 paragraphs

WP(C) No. 3234/2025 (CM No. 7387/2025), High Court of Jammu & Kashmir and Ladakh at Jammu, order of Justice Rahul Bharti dated 18.11.2025 (Kapil Gupta v. Union of India & Ors.): Petitioner's passport No. M7955429 expired on 21.06.2025 and its renewal was blocked owing to FIR No. 0185/2023 of Police Station, Kahanachak, Jammu, which FIR he had earlier questioned in CRM(M) No. 319/2024, wherein this Court had expressly referred the matter as a civil dispute, permitting investigation to continue but barring filing of any chargesheet without its prior permission; the investigation remains unclosed with no chargesheet laid. The Court disposed of the writ petition, directing respondent No. 2 – Regional Passport Officer, Jammu to consider the renewal of the petitioner's passport notwithstanding his implication in the FIR, the FIR to have no bearing on his antecedents unless and until other adverse verification reports are operating against him, such consideration being for respondent No. 2; the renewal exercise was to be completed within the next 30 days.

Serial No. 162 Supplementary List-1

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

WP(C) No. 3234/2025 CM No. 7387/2025

Kapil Gupta

…..Petitioner

Through: Mr. Vishal Goel, Advocate

Vs

Union of India & Ors.

.…. Respondents

Through: Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, CGSC

CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (18.11.2025) 01. The petitioner is a respectful citizen of India who was holding passport No. M7955429 which came to expire on 21.06.2025 by reference to which his renewal application has come to hit roadblock because of presence of FIR No. 0185/2023 of Police Station, Kahanachak, Jammu, which came to be questioned in a petition CRM(M) No. 319/2024 before this Court whereby this Court expressly referred the matter to be a civil dispute while directing investigation to go but chargesheet not to be filed without seeking prior permission of this Court.

02. It is being stated that the investigation has still not been closed to come up with any chargesheet to be laid against

2

WP(C) No. 3234/2025

the petitioner with the permission of this Court and, therefore, the petitioner cannot be made to suffer a perpetual deprivation in the matter of earning renewal of his passport.

03. Accordingly, this writ petition is disposed of with a direction to the respondent No. 2-Regional Passport Officer, Jammu, 1^st Floor Aquaf Trust Building, Gandhi Nagar, Jammu to consider the renewal of the passport claim of the petitioner notwithstanding the implication of the petitioner in FIR No. 0185/2023 of the Police Station, Kahanachak, Jammu which would have no bearing on the antecedents of the petitioner unless and until other adverse verification reports are operating against the petitioner which is for the respondent No. 2 to attend and consider.

04. Needful exercise related to the renewal of the petitioner’s passport be done within a period of next 30 days.

05. Disposed of .

(RAHUL BHARTI) JUDGE

JAMMU

18.11.2025 SUNIL

Whether the order is speaking ? : Yes/No Whether the order is reportable ? : Yes/No