Bengaluru: The Kalaburagi bench of the High Court has said that there is no requirement for obtaining permission from the jurisdictional magistrate, before whom a criminal case is pending, for the purpose of renewal of the passport. 

Justice S Vishwajith Shetty observed this in a recent judgement directing the Regional Passport Office, Bengaluru, to consider the application of a petitioner for the renewal of his passport.

The petitioner was issued a passport on January 23, 2012, which was due to expire on January 22, 2022. After filing an application for renewal, the petitioner produced all relevant records.

On December 6, 2021, a notice was issued calling upon the petitioner to explain a pending criminal case. The petitioner appeared before the authorities and submitted all the documents, including the bail granted to him.

In a letter issued by the Regional Passport Office on January 12, 2022, the petitioner was asked to obtain the necessary permission from the concerned court, where the criminal case is pending. 

The petitioner claimed to have sent a reply citing Krishna Chiranjeevi Rao Palukuri Venkata v/s The Union of India case, wherein the high court has said that there is no such requirement if the application is for the renewal of the passport.

The petitioner moved the High Court when the authorities issued one more communication reiterating the stand.

The Regional Passport Office authorities contended that in terms of the Sumedha R B case, if the petitioner intends to travel abroad, he is required to obtain the necessary permission from the jurisdictional magistrate. A government notification, issued by the Union Ministry of Home Affairs, dated August 25, 1993, was considered in the Sumedha R B case to reject the application.

Allowing the petition, Justice Vishwajith Shetty observed that the notification is applicable only in cases where the applicant has sought for issuance of a fresh passport and not in cases where the request is for the renewal of the passport.

“This Court has considered the very same notification in the case of Mr Krishna Chiranjeevi Rao Palukuri Venkata (Supra) and has held that the said notification is not applicable to a case where the applicant is seeking renewal of the passport. This Court has also taken note of the fact that in the prescribed form for the purpose of renewal of the passport, there is no requirement for obtaining permission from the jurisdictional magistrate before whom the criminal case is pending,” the court said.

The court has directed the Regional Passport Office, Bengaluru, to consider the application of the petitioner for the renewal of his passport in accordance with the law without insisting him to produce permission from the jurisdictional magistrate.