Case Note & Summary
The petitioner, Vinaygiri Kalugiri Goswami, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India read with the Passport Act, seeking a direction to the passport authorities to issue him a new passport. The background of the case involves an FIR No. 11206038230223/2023 registered at Langhnaj Police Station against the petitioner for offences under Sections 323, 324, 504 of the Indian Penal Code (IPC). The Chief Judicial Magistrate First Class, Mehsana, vide judgment dated 25.08.2025, convicted the petitioner under Section 324 IPC. The petitioner appealed in Criminal Appeal No. 504/2025, and the Appellate Court, by judgment dated 01.11.2025, partly allowed the appeal and granted the benefit of probation to the petitioner. Subsequently, the petitioner applied online for a new passport, but the respondent no.2 authority refused to issue it on the ground of pendency of criminal case/proceeding and without an order from the concerned court. Aggrieved, the petitioner approached the High Court. The legal issues centered on whether the passport authority could refuse issuance solely based on pendency of criminal proceedings without a court order, and whether the conviction under Section 324 IPC, coupled with probation, disqualified the petitioner under Section 6(2)(f) of the Passports Act, 1967. The petitioner's counsel, Mr. Chaudhari, argued that the passport authority erred in not considering that the petitioner was not required to obtain court permission as the conviction was not for an offence involving moral turpitude and probation had been granted. The respondent's counsel, Mr. Bhate, supported the authority's stance. The court analyzed the provisions of the Passports Act, particularly Section 6(2)(f), which disqualifies a person convicted of an offence involving moral turpitude. The court held that the offence under Section 324 IPC does not involve moral turpitude, and the grant of probation does not attract the disqualification. The court also noted that the passport authority's refusal was unsustainable as the petitioner was not required to obtain a court order. The court directed the respondent no.2 authority to process the petitioner's passport application afresh and issue the passport within two weeks, without insisting on any order from the concerned court. The petition was allowed accordingly.
Headnote
A) Passports Act, 1967 - Section 6(2)(f) - Disqualification for passport - Conviction for offence involving moral turpitude - Petitioner convicted under Section 324 IPC (voluntarily causing hurt by dangerous weapons) and granted probation - Held that the offence under Section 324 IPC does not involve moral turpitude and the grant of probation does not attract disqualification under Section 6(2)(f) - Passport authority directed to issue passport without insisting on court order (Paras 5-7). B) Passports Act, 1967 - Section 5(2) - Refusal of passport - Pendency of criminal proceedings - Passport authority refused passport on ground of pendency of criminal case without court order - Held that refusal is unsustainable as the petitioner was not required to obtain court permission since the conviction was not for an offence involving moral turpitude and probation was granted - Authority directed to process application afresh (Paras 5-7).
Issue of Consideration
Whether the passport authority can refuse to issue a new passport to a petitioner who has been convicted under Section 324 IPC but granted probation, on the ground of pendency of criminal proceedings without an order from the concerned court.
Final Decision
The petition is allowed. The respondent no.2 authority is directed to process the petitioner's passport application afresh and issue a new passport to the petitioner within a period of two weeks from the date of receipt of the order, without insisting on any order from the concerned court.
Law Points
- Passport issuance cannot be denied solely on ground of pendency of criminal case without court order
- conviction for offence under Section 324 IPC not involving moral turpitude
- benefit of probation does not constitute disqualification under Section 6(2)(f) of Passports Act
- 1967
- passport authority must consider nature of offence and not mechanically refuse passport
