✦ High Court of India · 29 Apr 2024

High Court · 2024

Case Details High Court of India · 29 Apr 2024

Court

High Court of India

Decided

29 Apr 2024

Bench

S M SUBRAMANIAM

Length

1,376 words

Acts & Sections

Constitution of India Indian Penal Code §294 Passport Act 1967

W.P.No.19095 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 29.04.2024CORAMTHE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAMW.P.No.19095 of 2023T.R.Mouli... Petitioner Vs.1.The Regional Passport Office, Coimbatore.2.The Inspector of Police, Alangiyam Police Station, Dharapuram Taluk, Tiruppur District.3.The Inspector of Police, Dharapuram Police Station, Tiruppur District.... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order of rejection passed by the 1st respondent dated 15.06.2023 on the file of the 1st respondent quash the same and direct the 1st respondent to process the passport application of the petitioner in application No.CB1065209272523 and issue passport to the petitioner.Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023For Petitioner: Mr.V.ElangovanFor R1: Mr.T.V.Krishnamachari Senior Panel CounselFor R2 & R3: Mr.S.Vinoth Kumar Government Advocate (Criminal Side)O R D E RThe writ petition has been instituted challenging the rejection order passed by the 1st respondent dated 15.06.2023 and direct the 1st respondent to process the Passport application of the petitioner in application No.CB1065209272523 and issue Passport to the petitioner.2. It is not in dispute that the petitioner is an accused in the following criminal cases in Crime No.1349 of 2021 registered under Sections 294(B), 323, 506(ii) of Indian Penal Code and another criminal case in Crime No.151 of 2021 registered under Section 294(B), 323, 324, 506(ii) of Indian Penal Code, which are pending on the file of Judicial Magistrate Court, Dharapuram. 3. Mr.S.Vinoth Kumar, learned Government Advocate (Crl.Side) Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023appearing on behalf of the respondents 2 and 3 would submit that a charge sheet has already been filed before the competent criminal court of law. The cases are pending for trial in CC.No.108 of 2022 and CC.No.186 of 2022 on the file of Judicial Magistrate, Dharapuram.4. However, Mr.Vinoth Kumar, learned Government Advocate (Criminal Side) brought to the notice of this Court that many applications seeking issuance of Passport have been filed by furnishing false informations and suppressing the material informations regarding registration of Criminal Case. If the Regional Passport Office found that the material informations are suppressed or false informations are provided, then such applicants are liable to be prosecuted under Section 12(b) of the Passport Act, 1967.5. Punishment prescribed under Section 12(e) is “Imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both”. Therefore, the applicants seeking Passport must furnish all the material informations truly and correctly and in the event of identifying any false informations or material informations, the Regional Passport Officers are directed to prosecute those persons by following the due Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023process.6. In respect of the grievances to travel abroad, the person against whom the Criminal Cases are pending has to approach the jurisdictional Criminal Court by filing an appropriate application. However, writ petition is not entertainable for the purpose of grant of permission to travel abroad or to issue Passport during the pendency of the Criminal case in India.7. In the present case, the petitioner is aged about 24 years. Therefore, his idea may be to secure the Passport during pendency of criminal case for the purpose of traveling abroad. The petitioner in his affidavit stated that he has applied for passport to work in abroad, by submitting all proofs and documents. Therefore, it is amply clear that the petitioner has taken a decision to travel abroad during the pendency of the criminal case.8. The practice of filing a writ petition during the pendency of the criminal case for the purpose of securing the passport to travel abroad, if permitted would hamper the criminal proceedings. The criminal court may not be in a position to proceed with the trial or grant of relief would lead to destroy the prosecution in establishing the offence before the criminal court Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023of law.9. Section 6(2)(f) of the Passport Act, 1967 enumerates that “Proceedings in respect of an offence alleged to have been committed by the applicant are pending before the criminal court in India” is a ground to refuse passport.10. Mr.Prasad Vijayakumar, learned Counsel brought to the notice of this Court that Ministry of External Affairs issued a notification dated 25.08.1993 in G.S.R.570(E) and the same is extracted hereunder:“In exercise of the powers conferred by clause (a) of Section 22 of the Passport Act 1967 (15 of 1967) and in Supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.298 (E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely:-(a) the passport to be issued to every such citizen shall be issued -(i) for the period specified in order of the court referred to above, if the Court specifies a period for which the passport has to be issued; or(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year;(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or(iv) if such order gives permission to travel abroad for a period exceeding one year and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order.(b) any passport issued in terms of (a) (ii) and (a) (iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023the order of the court is not cancelled or modified;(c) any passport issued in terms of (a) (i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;(d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued.”11.When the issuance of passport during the pendency of the criminal proceedings has been required, a person seeking issuance or re-issuance of passport during the pendency of the criminal case has to approach the jurisdictional criminal court necessarily for seeking permission to travel abroad. The court concerned may consider the notification issued by the Ministry of External Affairs while granting permission to such accused persons to travel abroad.12. In the present case, admittedly trail is pending in CC.No.108 of 2022 and CC.No.186 of 2022 before the Judicial Magistrate at Dharapuram, Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023Tiruppur District. Therefore, for all purposes, it is to be construed that a criminal cases are pending for trial and the petitioner is at liberty to participate in the trial and subject to final outcome, he is at liberty to approach the Regional Passport Office to consider his application by following the due process. Contrarily, he cannot secure passport during the pendency of a criminal case and such an attempt cannot be considered by this Court.13. Thus, the Writ Petition is devoid of merits and stands dismissed. However, there shall be no order as to costs.29.04.2024JeniIndex : Yes Speaking orderNeutral Citation : Yes To1.The Regional Passport Office, Coimbatore.2.The Inspector of Police, Alangiyam Police Station, Dharapuram Taluk, Tiruppur District.Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 20233.The Inspector of Police, Dharapuram Police Station, Tiruppur District.Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.No.19095 of 2023S.M.SUBRAMANIAM, J.JeniW.P.No.19095 of 202329.04.2024Page 10 of 10

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