Benzine Sylvester vs Union Of India

Murali Purushothaman, J

The petitioner is the holder of a passport bearing No. Z4040780 issued on 16.02.2021. After the issuance of the said passport, the petitioner has

been issued with Ext.P2 show cause notice by the 2nd respondent. In Ext.P2, it is stated that police verification was conducted and an adverse police

report was received against the petitioner with remarks “applicant involved in Museum Police Station Crime No.2210/19 pending before the

Hon'ble CJM Court, Trivandrumâ€. It is further stated that the petitioner did not reveal in his passport application about the pendency of the criminal

case against him. Accordingly, the petitioner was directed to explain why his passport shall not be impounded/revoked under Section 10(3)(e) and

10(3)(b) of the Passports Act, 1967 (for short 'the Act'). To Ext.P2 show cause notice, the petitioner submitted Ext.P5 reply referring to the decision

in Muhammed v. Union of India and Others [2018(4) KHC 945] stating that no criminal case is pending against the petitioner. Challenging Ext.P2, the

petitioner has approached this Court. According to the petitioner, no case is pending against him before any criminal court in India. The petitioner

relies on the judgment of this Court in Muhammed (supra) to contend that, unless a final report is filed, a criminal case cannot be said to be pending.

A statement has been filed by the Assistant Solicitor General of India on behalf of respondents 1 and 2 wherein it is stated that the petitioner did not

reveal about the pendency of criminal case against him in India under Section 10(3)(e) and 10(3)(b) of the Act in the application for passport and

accordingly, Ext.P2 show cause notice was issued on the petitioner. It is further stated that from the police verification report it is not clear as to

whether a final report has been filed against the petitioner in Crime No.2210/19 registered in the Museum Police Station.

The learned Government Pleader has filed a statement on behalf of the 3rd respondent the Station House Officer, Museum Police Station wherein

it is stated that no charge sheet has been filed in Crime No.2210/19.

This Court in Muhammed (supra) has held that unless a final report is filed, a criminal case cannot be treated as pending. Only in cases where the

charge sheet is filed, it can be said that a criminal case is pending. Since it is stated on behalf of the 3rd respondent that no charge sheet has been filed

against the petitioner in Crime No.2210/19 registered in the Museum Police Station, Ext.P2 show cause notice issued by the 2nd respondent cannot

sustain and accordingly, the same is quashed.