Passport May Be Refused After Filing Of Closure Report By Police, Pending Acceptance By Magistrate: Karnataka HC

A single judge bench of Justice M Nagaprasanna observed,

"The rigour of Section 6(2)(f) of the (Passport) Act gets evaporated only when the applicant who is facing criminal proceedings or a FIR is acquitted, discharged or the proceeding against the said applicant is quashed by a competent Court of law, in exercise of its powers under Section 482 of the Cr.P.C. Mere filing of 'B' report would not mean that the petitioner becomes allegation free qua Section 6(2)(f) of the Act."

The petitioner was booked under Sections 403, 406, 417, 120B, 380 r/w 34 of the IPC. However, after investigation, the Police filed a 'B' report which is pending consideration at the hands of the Magistrate. Meanwhile, the Passport authority issued a communication directing surrender of Petitioner's passport. It is this communication which was challenged in the subject petition.

Findings:

At the outset, the bench noted that the 'B' report is yet to be considered by the Magistrate and that mere filing of 'B' report will not absolve the petitioner of the crime. It observed,

"Section 6(2)(f) [of the Passport Act which contemplates Refusal of passports, travel documents, etc.] mandates that if proceedings are pending in respect of an offence alleged to have been committed by the applicant before a criminal Court in India, the passport authority would have the right to refuse the issue of passport or travel documents for visiting any foreign country. Therefore, issuance of passport or re-issuance of passport is subject to Section 6(2)(f) of the Act."

The Court further noted that the petitioner had applied for re-issuance of passport in teeth of pendency of the criminal case against him, and it was only during routine police verification that the passport authorities came to know that the petitioner had suppressed the fact of pendency of the crime.

Thus, it held that Petitioner had suppressed material with a view to obtain a passport or travel documents, which is punishable under Section 12 of the Passports Act

"Section 12 deals with offences and penalties. Section 12(1)(b) of the Act makes any person who knowingly furnishes false information or suppresses any material. ...This would become directly attributable to the petitioner as clause 7 of the application which deals with 'other details' mandates such divulgence. No fault can be found with the 1st respondent issuing notice under Section 12(1)(b) of the Act, directing surrender of passport which had admittedly been obtained by suppressing involvement in crime and further directing submission of fresh application divulging all details."

The court however granted liberty to the petitioner to submit a fresh application before the authorities and also approach the concerned Court where proceedings are pending consideration, seeking any direction to travel abroad.

Case Title: KAJAL NARESH KUMAR v. Union of India & others

Case No:WRIT PETITION No.20850 OF 2022.

Citation: 2022 LiveLaw (Kar) 468

Date of Order: 16TH DAY OF NOVEMBER, 2022

Appearance: MOHAN B.K., ADVOCATE for petitioner; SHANTHI BHUSHAN H., Deputy Solicitor General FOR R1 AND R2; M.VINOD KUMAR, AGA FOR R3.