Case Note & Summary
The petitioner, a senior citizen aged about 71 years, filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus against the refusal of the Regional Passport Officer, Visakhapatnam to renew his passport. The petitioner held passport No.N5377533 valid from 21.12.2015 to 20.12.2025. He applied online on 14.02.2025 for renewal/reissue of his passport with all requisite documents. The Regional Passport Officer sent a letter dated 11.06.2025 stating that a case in Crime No.97 of 2024 of Kovvur Police Station for offences punishable under Sections 3 and 4 of the Andhra Pradesh Gaming Act, 1974 was registered against him and he was arrayed as accused No.10. The case was taken on file as Calendar Case No.22 of 2024 pending before the II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Kovvur for trial. The petitioner contended that he was falsely implicated, the offences did not involve violence, fraud, moral turpitude, national security, public order or international ramifications, and he required continuous medical treatment in the United States. The respondents argued that the petitioner suppressed the fact of registration of FIR in his application, the charge sheet was filed, and there was likelihood of fleeing from trial. The court perused the material on record and noted Section 5 and Section 6(2)(f) of the Passports Act, 1967, which mandate rejection if criminal proceedings are pending. The Government of India issued a notification GSR 570(E) dated 25.08.1993 requiring case clearance orders or No Objection Certificate from court for travel abroad. The court's final decision is not available in the provided text; the judgment ends mid-sentence while discussing the notification. The court examined the statutory framework and the specific circumstances of the petitioner, including his age and medical needs, but no operative direction is recorded in the extracted portion.
Headnote
A) Passport Law - Refusal of Passport - Criminal Proceedings Pending - Passports Act, 1967 Sections 5, 6(2)(f) - Passport authority is bound to reject application if criminal proceedings are pending in any court in India; Government of India notification GSR 570(E) dated 25.08.1993 requires submission of case clearance orders or No Objection Certificate from concerned court for travel abroad - Court examined whether mere pendency of criminal case under Andhra Pradesh Gaming Act, 1974 could be sole ground for refusal and noted statutory framework (Paras 9-11). B) Constitutional Law - Writ Jurisdiction - Article 226 Constitution of India - Petitioner sought writ of mandamus alleging violation of Articles 14, 19, 21 and principles of natural justice due to refusal to renew passport - Court considered whether administrative action was arbitrary and unconstitutional in denying passport renewal for medical treatment (Paras 1-2). C) Criminal Law - Andhra Pradesh Gaming Act, 1974 Sections 3 and 4 - Offence alleged against petitioner as accused No.10 in Calendar Case No.22 of 2024; petitioner claimed false implication without specific overt act and offences involving no violence, fraud, moral turpitude, national security or public order - Court noted the nature of allegations while evaluating passport refusal (Paras 7-8).
Issue of Consideration
Whether refusal to renew passport solely on ground of pendency of criminal case under Sections 3 and 4 of Andhra Pradesh Gaming Act, 1974 is illegal, arbitrary, violative of Passports Act, 1967, principles of natural justice, and Articles 14, 19 and 21 of Constitution of India, and whether petitioner is entitled to renewal for medical treatment abroad.
Law Points
- Section 6(2)(f) of Passports Act
- 1967 mandates rejection of passport application if criminal proceedings are pending
- Gazette Notification GSR 570(E) dated 25.08.1993 provides for obtaining No Objection Certificate from court permitting travel abroad
- pendency of criminal case alone may not be automatic disqualification if allegations are not serious
- Articles 14
- 19
- 21 of Constitution of India protect fundamental rights against arbitrary state action
