BEFORE MR. HEMANT CHANDANGOUDAR, J.
W.P. No. 9141 of 2020 (GM Pass.)
Mr. Krishna Chiranjeevi Rao Palukuri Venkata Vs. The Union of India, Ministry of External Affairs & Others
Passport Act, 1967 – Section 6(2)(f) Refusal of renewal of passport on ground of pending criminal case – Petitioner travelled to India to attend Visa Interview at Consulate General of United States of America in Chennai and went back to USA and from where he got to know criminal case registered against him.
Held, Passport Authority shall refuse to issue a passport or travel document for visiting any foreign country, if a criminal proceeding is pending against applicant in India. However, provision does not provide for refusing to issue a passport for a person who intends to travel back to India. Thus, reading of provision clearly shows that it is applicable only for issuing a fresh passport and for renewal of passport. Respondents fails to produce any document to establish that petitioner was served with summon issued by Jurisdictional Magistrate or having been issued with any notices by Authorities informing him about pendency of criminal case against him.
Hence, Petitioner cannot be held guilty of suppressing fact that he did not disclose pendency of criminal case at time of renewal of his passport in 2010. Therefore, Petitioner entitled for renewal of passport for a limited period subject to certain terms and conditions.
