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Judgment
Suraj Govindaraj, J
Learned DSGI is directed to accept notice for respondents No.1 to 3.
The petitioner is before this Court seeking for the following reliefs:
i. To issue a writ of mandamus against the Respondents directing them to renew the passport bearing No. M 5407876 which was issued by the Consulate General of India through the Vice Consul, San Francisco, USA since the same is due to expire of 08.09.2025 vide Annexure-A
ii. To have a writ of mandamus against the Respondents directing them to issue a fresh passport to the Petitioner since his passport bearing No. M 5407876 which was issued by the Consulate General of India through the Vice Consul, San Francisco, USA since the same is due to expire on 08.09.2025.
iii. To award costs and grant such other relief, which this Hon’ble Court may deem fit under the circumstances of the case in the interests of justice and equity.
The petitioner is the Indian citizen presently working in the United States of America holding an Indian passport bearing No.M5407876 issued by the Indian embassy at San Francisco, USA on 9.9.2025 valid upto 8.9.2025. The petitioner being employed in USA. The sister-in-law of the petitioner had filed complaint which came to be registered as Crime No.218/2023 under Section 354A, 354D, 504, 420 of the IPC which is pending investigation. The petitioner was not granted renewal of the passport by the respondent No.2 on account of the pending criminal proceedings. It is in that view of the matter, that the petitioner is before this Court seeking for the aforesaid reliefs.
Learned counsel for the petitioner submits that the lis in the above matter is covered by decision of the Co-ordinate Bench of this Court in Sharath Chandrasekhar vs. Union of India dated 14.2.2024 in WP No.18066/2023, when this Court has considered the issue of refusal of the passport when the criminal proceedings in the nature above was pending and this Court taking into account the notification dated 25.8.1993 and the Official Memorandum dated 10.10.2019 has held that mere pendency of the complaint for investigation would not come within the purview of Section 6(2F) of the Passports Act and it is only if cognizance is taken by the Court that the embargo would apply. There cannot be any dispute as regards the dicta laid down by the Co-ordinate Bench of this Court.
In that view of the matter, I pass the following;
ORDER
i. The writ petition is allowed.
ii. A mandamus is issued, directing the respondents to consider the Reissuance of the passport as per the Passport issued bearing No.M5407876, if the application for reissuance is filed subject to all other conditions being satisfied within a period of one week from the date of receipt of a copy of this order.