{"id":331043,"date":"2024-09-18T16:30:17","date_gmt":"2024-09-18T11:00:17","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=331043"},"modified":"2024-09-25T10:55:21","modified_gmt":"2024-09-25T05:25:21","slug":"mere-pendency-of-criminal-case-when-negative-final-report-is-filed-not-a-ground-for-refusal-to-issue-passport-rajasthan-high-court-scc-times","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/09\/18\/mere-pendency-of-criminal-case-when-negative-final-report-is-filed-not-a-ground-for-refusal-to-issue-passport-rajasthan-high-court-scc-times\/","title":{"rendered":"Mere pendency of criminal case, where negative final report has been filed, not a ground to refuse passport: Rajasthan High Court"},"content":{"rendered":"
\n

Rajasthan High Court:<\/span> In a petition filed by the petitioner, the accused, seeking a directive from the Court directing the respondents, passport authorities, to issue him a passport, a single-judge bench of Dinesh Mehta, J., held that the pendency of a criminal case, where a negative final report had been filed, did not justify the refusal to issue a passport and directed the passport authorities to issue the passport to the petitioner if he was otherwise eligible.<\/p>\n

Brief Facts<\/p>\n

In the instant matter, an FIR was lodged against the petitioner at Taranagar Police Station, Churu District, on 08-11-2022. After the investigation, the Investigating Officer submitted a negative final report (in favor of the petitioner), yet the passport authorities refused to issue the passport, citing ongoing criminal proceedings.<\/p>\n

The petitioner argued that despite the favorable investigation, the authorities were infringing on his fundamental and statutory rights under the Passport Act, 1967<\/a>. However, the respondent acknowledged the negative final report but argued the criminal case was still pending before the court, preventing the issuance of a passport as per Section 6(2)(f)<\/a> of the Passport Act, 1967<\/a> (Passport Act).<\/p>\n

Moot Point<\/p>\n

Whether the pendency of criminal proceedings, despite the filing of a negative final report, prohibits the issuance of a passport under Section 6(2)(f)<\/a> of the Passport Act<\/a>?<\/p>\n

Legal Provisions<\/p>\n