The petitioner sought renewal of his passport despite a pending criminal case. The High Court held that Section 10(3)(e) and Section 6(2)(f) of the Passports Act, 1967 permit refusal or impoundment when proceedings are pending before a criminal court. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.12759 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.12759 of 2024
P.Annadurai
.... Petitioner
Vs
(R2-Suo Motu impleaded as per order dated 03.06.2024 in W.P.No.12759 of 2024)
.... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to renew the passport of petitioner vide No.L6807443 dated 07.01.2014 without reference to the criminal case pending against the petitioner in S.C.No.90 of 2015 on the file of the Principal District Court, Dharmapuri and issue passport to the petitioner.
For Petitioner : M/s.R.Saritha For R1 : M/s.P.J.Anitha Central Government Standing Counsel
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W.P.No.12759 of 2024
ORDER
This Writ Petition has been filed for a direction directing the
respondent to renew the passport of the petitioner without reference to the criminal case pending against the petitioner in S.C.No.90 of 2015 on the file of the Principal District Court, Dharmapuri.
perused the materials available on record.
application, he declared that he has not been charged with criminal proceedings nor is there any arrest warrant or summon pending before any Court of Law in India against him.
petitioner had applied for reissue of passport in the year 2014 vide file dated 07.01.2014. It was processed in post-verification mode and the petitioner was issued passport till the validity on 06.01.2024. Subsequently, adverse police verification report was received from the office of the Superintendent of Police, Dharmapuri, wherein it was stated
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W.P.No.12759 of 2024
that the petitioner was already involved in Crime No.2074 of 2009 registered for the offences under Sections 147, 148, 302, 323 and 307 of IPC. After filing of the charge sheet, the case has been taken cognizance in S.C.No.90 of 2015 on the file of the Principal Sessions Judge, Dharmapuri. Therefore, the petitioner was issued show cause notice.
“10(3)The passport authority may impound or cause to be impounded or revoke a passport or travel document,
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.”
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“6(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 :-
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India”.
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W.P.No.12759 of 2024
19.06.2024
Internet : Yes Index : Yes/No Speaking/Non-speaking order Neutral Citation : Yes/No Lpp To
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W.P.No.12759 of 2024
G.K.ILANTHIRAIYAN, J.
Lpp
W.P.No.12759 of 2024
19.06.2024
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2 issues framed by the court
Whether the passport authority was justified in refusing to renew the petitioner's passport due to pending criminal proceedings?
Whether Section 10(3)(e) and Section 6(2)(f) of the Passports Act, 1967 apply to the petitioner's case?
2 provisions across 1 enactments
P.Annadurai
The Regional Passport Officer
The State, Rep. by the Inspector of Police, CBCID, Salem Division, Chennai
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
