AGAM Maheshwari vs Union Of India

Sharad Kumar Sharma, J

(Through Hybrid Mode)

The petitioner to the present writ petition had contended that he was the holder of a passport, and the process of its renewal bearing file No.

DD1075348391221 dated 12.04.2021. He submits that the said passport would require its renewal on the expiry of its time period, which was provided

therein, but the same has not been renewed by the competent authority under the Passports Act, 1967, on the ground of restrictions imposed by

Section 6(2)(f) of the Passports Act, 1967, because there happens to be a pending criminal proceedings against the petitioner, and in the police

verification report, it was found that an FIR No. 413 of 2020 dated 26.08.2020, has been registered against him, for which he has been tried after the

submission of the charge sheet.

In fact, the competent passport authority, who was authorised to consider the application for renewal of the passport of the petitioner, had issued a

Notice on 23.06.2021, calling upon the petitioner to submit his explanation within 30 days with regard to the police verification report, which would be a

relevant consideration, pertaining to the renewal of his passport.

Mr. Rakesh Thapliyal, the learned Senior Counsel for the respondent submits that instead of filing his reply, within the time period as provided in the

said Notice dated 23.06.2021, the petitioner has filed this writ petition, praying for that he has filed an application for renewal of his passport before the

competent criminal Court, for getting an appropriate direction to consider the renewal of his passport.

As far as the criminal Courts are concerned, I am of a considered view that the criminal Courts, have got nothing to do nor has any jurisdiction, as

such, so far as the exercise of powers for renewal of the passport is concerned, as provided under the Passports Act of 1967. The embargo is

created, under Section 6 of the Act, for renewal of the passport of the petitioner is exclusively falling within the domain of consideration by the

Competent Passport Authority and as would be apparent from the Notice dated 23.06.2021 itself.

In view of the aforesaid, the petitioner is directed to respond to the Notice dated 23.06.2021, though despite the fact that the time period, as

provided therein has already expired, but, if he files his reply to the said Notice; even now within a period of one week from the date of receipt of the

certified copy of this order, the Regional Passport Authority, would consider the reply of the petitioner to the said Notice and pass an appropriate order

on the same, within the period of two months, thereafter, exclusively in accordance with law.

Accordingly, subject to above, the writ petition would stand disposed of.