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W.P(MD)No.14687 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.14687 of 2023
Sivasubramanian … Petitioner
Vs
1.The Regional Passport Officer,
Regional Passport Office,
Plot No.A5, Salai Road and Shastri Road Junction,
Thillainagar,
Trichy.
2.The Inspector of Police,
All Women Police Station,
Aranthangi,
Pudukottai District. …Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Mandamus, directing
the first respondent to issue passport to the petitioner on the basis of
the petitioner’s application dated 08.04.2023 pending in File No.
TR2075254032923 before the first respondent by accepting the
petitioner’s explanation within a time frame fixed by this Court.
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W.P(MD)No.14687 of 2023
For Petitioner : Mr.T.Leninkumar
For R1 : Mr.P.Paulpandi
Standing Counsel
For R2 : Mr.P.Kottaichamy
Government Advocate
ORDER
The petitioner was issued with a passport on 21.04.2014
and it expires on 20.04.2024. Hence, the petitioner has applied for
renewal of passport before the first respondent. The passport
authorities called upon the petitioner to furnish his explanation as to
the criminal case pending as against him. On 01.06.2023 the
petitioner has submitted an explanation that a case in Crime No.1 of
2023 is pending as against him. However, the petitioner’s application
has not been considered by the passport authorities. Hence, this
petition.
2.Mr.P.Paulpandi, learned Central Government Standing
Counsel, who takes notice for the first respondent submits that based
on the adverse police verification report submitted by the second
respondent, the petitioner’s application has not been processed.
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W.P(MD)No.14687 of 2023
3.Mr.P.Kottaichamy, learned Government Advocate,
who takes notice for the second respondent submits that a case in
Crime No.1 of 2023 on the file of the All Women Police Station,
Aranthangi for the offences punishable under Sections 294b, 498A,
506(ii) of IPC is pending as against the petitioner and the same is
under investigation.
4.Pendency of an FIR, by itself, cannot be a ground to
refuse the passport. The Passport Authority can refuse the passport
and any travel documents under Section 6 of the Passport Act, 1967.
Section 6(2)(F) of the Act would be relevant and the same is
extracted as under:-
“6.Refusal of passports, travel documents, etc-
…
(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 –
…
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W.P(MD)No.14687 of 2023
(f) that proceedings in respect of an offence alleged
to have been committed by the applicant are pending
before a Criminal Court in India.”
5.The above provision enables the Passport Authority to
refuse the passport or travel document to an applicant on the ground
that proceedings in respect of an offence alleged to have been
committed by the applicant is pending before a Criminal Court.
Registration of an FIR on the police files, based on a complaint,
cannot be construed as a proceedings pending before the Criminal
Court.
6.The role of the Court pending the investigation has
been discussed by various Courts. In W.Jaihar William v. State of
Tamil Nadu [2014 (2) CWC 684], this Court has held as follows:-
“8. … It is well settled legal principle that mere
pendency of FIR cannot be construed as pendency of
criminal proceedings in respect of the offences alleged to
have been committed by the applicant before the Criminal
Court. Only after the Court takes cognizance of the offence4/9
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W.P(MD)No.14687 of 2023alleged to have been committed by the applicant, as
stipulated under Section 190 of Cr.PC., it can be construed
as ‘proceedings pending before the Court’”
7.A Division Bench of this Court in Arumugam v.
Regional Passport Officer, Madurai [W.A(MD)No.301 of 2018,
dated 27.03.2018], has held as follows:-
“8. … mere pendency of the criminal proceedings
cannot be construed as pendency of the criminal
proceedings. The decisions relied on for reaching the said
conclusion in the above cited decision, would also disclose
that unless cognizance is taken by the concerned
Magistrate, it does not amount to pendency of the criminal
proceedings. Admittedly, in the case on hand, the case is in
FIR stage and even for the sake of arguments,
subsequently, the charge sheet has been filed, as on the
date of submission of the application for passport, only
FIR is pending and it cannot be construed as pendency of
a criminal case and it cannot be said that the petitioner
has suppressed the material fact of pendency of the
criminal case.”5/9
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W.P(MD)No.14687 of 2023
8.In fact, the Ministry of External Affairs, Government
of India, has issued a Circular dated 10.10.2019, wherein, the
following instruction was issued:-
“5. In view of the above, the following instructions
may be adopted while processing the passport applications
in respect of those applicants who may have criminal
proceedings pending before a criminal court in India:
…
(vi) … It may be noted that mere filing of FIRs
and cases under investigation do not come under the
purview of Section 6(2)(f) and that criminal
proceedings would only be considered pending
against an applicant if a case has been registered
before any Court of law and the court has taken
cognizance of the same.”Therefore, the Passport Authority is not justified in not deciding the
application filed by the petitioner for renewal of passport by
referring the criminal case.
9.Ordinarily, the duration of a passport as per Rule 12 of
the Passport Rules is for a period of 10 years. In the event if the
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W.P(MD)No.14687 of 2023
applicant is facing any criminal proceedings, the passport may be
issued by restricting the period.
10.Accordingly, this writ petition is allowed with a
direction to the Passport Authority to renew the passport to this
petitioner, by considering his application, within a period of twelve
weeks from the date of receipt of a copy of this order. No costs.
19.09.2023
NCC :Yes/No
Index :Yes/No
Internet:Yes
vrn
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W.P(MD)No.14687 of 2023
To
1.The Regional Passport Officer,
Regional Passport Office,
Plot No.A5, Salai Road and Shastri Road Junction,
Thillainagar,
Trichy.
2.The Inspector of Police,
All Women Police Station,
Aranthangi,
Pudukottai District.
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W.P(MD)No.14687 of 2023
B.PUGALENDHI, J.
vrn
Order made in
W.P(MD)No.14687 of 2023
19.09.2023
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