Sajjad Husain LawSajjad Husain Law Associates

Facts of the Case

1. The petitioner applied for renewal of his passport.
2. Earlier, in 2023, his writ petition was disposed of because criminal cases were stated to be pending against him.
3. Subsequently, it was clarified that no criminal trial was pending before any court.
4. The petitioner filed a fresh passport renewal application.
5. The Regional Passport Office did not process the application because FIRs had been registered against him.

The petitioner disclosed three FIRs:

1. Case Crime No. 80/2016 (Section 304-A IPC)
2. Case Crime No. 446/2022 (Sections 406, 506 IPC)
3. Case Crime No. 159/2023 (Sections 420, 406, 506 IPC)

Legal Issue

Whether a passport can be refused merely because FIRs are pending or investigations are ongoing, even though no criminal proceedings are pending before a criminal court?

Findings of the Court

1. Section 6(2)(f) Applies Only When Proceedings Are Pending Before a Criminal Court

The Court examined Section 6(2)(f) of the Passports Act, 1967 and held that refusal of passport is permissible only when proceedings relating to an offence are pending before a criminal court.

A mere FIR or pending investigation is not equivalent to pendency of criminal proceedings before a court.

2. Supreme Court's Rita Verma Judgment Followed

The Court relied upon the decision of the Supreme Court in:

Rita Verma v. Union of India

The Supreme Court held that passport authorities must process passport applications in accordance with the Office Memorandum dated 10.10.2019 and cannot reject applications merely because an FIR exists.

3. Investigation Is Not a Criminal Proceeding Before Court

The Court categorically observed:

Pendency of investigation does not amount to pendency of proceedings before a criminal court.

Until a police report/charge-sheet is filed and proceedings actually commence before a court, Section 6(2)(f) is not attracted.

4. Analysis of the Petitioner's FIRs

FIR No. 80/2016

1. Final Report submitted.
2. Further investigation order challenged.
3. Proceedings stayed in Section 482 petition.
4. No criminal trial pending.

FIR No. 446/2022

1. Final Report accepted by Magistrate on 12.09.2024.

FIR No. 159/2023

1. Charge-sheet filed against others.
2. No charge-sheet against the petitioner.
3. No investigation pending against him.

Therefore, none of the cases attracted Section 6(2)(f).

Final Direction

The Court directed the Regional Passport Officer, Lucknow:

1. To consider the petitioner's passport renewal application.
2. To decide it in accordance with law.
3. To take a decision within three weeks.

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=12407257