WP/24955/2025 of BORRA SIVA RAMI REDDY Vs UNION OF INDIA on 15 June 2026

ORDER

The grievance of the petitioner, in short, is that the passport authorities are not issuing passport, on the ground of pending criminal case against him.

2. Heard Sri C.Upendra, learned counsel for the petitioner and Sri Narasimha Rao Gudiseva, learned Deputy Solicitor General of India.

3. Sri C.Upendra, learned counsel for the petitioner, would submit that charge sheet is yet to be filed and mere registration of Crime would not amount to pendency of criminal proceedings before a Criminal Court. Unless a Criminal Proceedings are pending before a Criminal Court as envisaged under Section 6(2)(f) of the Passports Act, 1967, the passport authorities cannot deny issuance of the passport. Thus, the action of the passport authorities is not justified. Hence, prayed to allow the Writ Petition.

4. On the other hand, the learned Deputy Solicitor General would submit that pursuant to the adverse police verification the authorities declined to consider the request of the petitioner for issuance of passport. Hence, there are no merits in the writ petition and the same deserves dismissal.

5. Perused the material available on record and considered the submissions made by learned counsel for the parties.

6. The contents of the affidavit would disclose that initially the petitioner made an application for issuance of passport in the year 2017 and RC,J

the same was rejected on the ground of pendency of criminal case, thereby the petitioner filed Crl.P.No.12399 of 2017 before the unified High Court of Andhra Pradesh to quash FIR in Cr.No.148 of 2012 of Khajipet Police Station, YSR Kadapa District and the said Crl.P. was disposed of on 14.12.2017 directing the police to file final report/charge sheet within 15 days from the date of receipt of copy of the order and despite lapse more than 8 years no charge sheet has been laid by the police. Therefore, the petitioner made fresh application for issuance of passport and in response the respondent no.2- Regional Passport Officer, Vijayawada through letter dated 28.09.2024 informed that he application of the petitioner is pending for clarification as they received adverse police verification report since the petitioner is shown as accused in Cr.No.148 of 2012 of Khajipet Police.

7. Section 6(2) of the Passport Act, 1967 is germane and the same is extracted hereunder: Section 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: - (a) that the applicant is not a citizen of India.,

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India.,

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; RC,J

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;

(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.

8. Section 6(2) (f) relates to a situation where the applicant is facing trail in a criminal court. Section 6(2)(f) of the Passport Act, 1967, has been considered on several occasions by the Hon’ble Apex Court and High Courts. The Hon’ble Supreme Court as well as various High Courts held that mere pendency of a First Information Report cannot be the legal basis for denial of issuance of a regular passport to the petitioner and that it is only after cognizance is taken by an appropriate Court that it can be held that criminal proceedings have commenced and issuance or renewal of the passport would depend on no objection being given by the concerned court.

9. In Vagala Venkata Siva Kumar Vs State of Andhra Pradesh, this Court has categorically held that, as per Section 6(2)(f) of the Passport Act, 1967, the passport authority shall refuse to issue passport or travel document for visiting any foreign country, if criminal proceedings are pending against the applicant in India.

10. In view of the observations held above, unless charge sheet is filed and the same is taken cognizance of by the concerned committal Court, mere registration of a crime would not amount to pendency of criminal proceeding, which empowers the passport authorities to withhold issuance or renewal of RC,J

passport. In the instant case, the submissions made by both the learned counsel would indicate that charge sheet is yet to be filed. Thus, Section 6(2)(f) would not attract to the facts of the case.

11. In view of the same, this Writ Petition is disposed of, directing the authorities to consider the application and issue passport, if it meets all the necessary requirements, other than the objection regarding pendency of crime. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

__________________________ JUSTICE RAVI CHEEMALAPATI 16th June, 2026.

RR