Thursday, April 23, 2026
Latest:
2024April 2024High CourtLatestLegal

Passport – Refusal to renew in view of pendency of criminal case – Illegal

legaldeli

The passport of the petitioner was valid upto 8.8.2024.  He had made application for renewal on 25.1.2024.  The Respondent no.2 sought clarification in view of adverse police report since the petitioner was involved in a criminal case for offences under Sections 420, 468, 471 of IPC in respect of immovable property and to obtain NOC from the same criinal case and asked for acquittal order or obtain permission to travel abroad from the said Court.  The petitioner, therefore, filed the writ petition.

The criminal case pertains to immovable property belonging to the relative of the petitioner, he is always available to the police and cooperate with the investigation.

HELD that pendency of criinal case cannot be the ground to deny passport facilities to the petitioner since his right to personal liberty not only includes his right to travel abroad, but also right to passess or hold a passport.   Relying on the decision of the Supreme Court in Vangala Kasturi Rangacharyulu’s case (2020 Cri LJ SC 572, it was observed that refusal of a passport can be only in case where an applicant is convicted during last five years for an offence involving moral turpitude and sentence for imprisonment for not less than two years and cannot be refused due to pendency of criminal appeal.   After referring to various decisions, the writ petition was allowed subject to certain conditions.

Judgment dated 14.3.2024 in W.P.No.2802 of 2024 of Venkata Siva Kumar Yadhanapudi Vs. Union of India

You May Also Like

IRDAI – Circular dated 3.11.2023 – Account Aggregator – Participation of the Insurance Sector in the next digital innovation

legaldeli

Insurance – Date date of issuance of policy would be relevant date for all the purposes and not the date of proposal or the date of issuance of the receipt.

legaldeli

RBI Directions of 26.9.2025 – Streamlining Succession

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree