1

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 16 th OF JANUARY, 2024
WRIT PETITION No. 21208 of 2023

BETWEEN:-
SUBHASH CHANDRA S/O SHRI DEEPCHAND JAIN, AGED
ABOUT 64 YEARS, OCCUPATION: BUSINESS R/O WARD
NO. 1 RAJPUR DISTT. BARWANI (MADHYA PRADESH)

.....PETITIONER
(BY SHRI DINESH SINGH CHOUHAN - ADVOCATE)

AND
1. UNION OF INDIA THROUGH PRINCIPAL
SECRETARY MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI (DELHI)

2. REGIONAL PASSPORT OFFICE MINISTRY OF

EXTERNAL AFFAIRS ARERA HILLS BHOPAL
(MADHYA PRADESH)

.....RESPONDENTS
(BY MS. ISHITA GOYAL - ADVOCATE FOR RESPONDENTS)

This petition coming on for admission this day, th e court passed the

following:
ORDER
1. Heard.
2 . By this petition preferred under Article 226 of the Constitution of
India, the petitioner has prayed for the following relief(s):-
"(i) Issue a writ, direction or order in the nature of certiorari

Signature Not Verified

or other appropriate writ, calling for the records of the petitioner's
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 1/17/2024
case.
11:25:25 AM
 2
(ii) Issue a writ, direction or order in the nature of
certiorari/mandamus or other appropriate writ, direction the
respondents to renew the passport of the petitioner.
(ii) Award the costs of the petition and
(iv) Grant such other relief or reliefs as this Hon'ble Court
deems fit in the facts and circumstances of the case."
3 . The grievance of the petitioner is that his passport has not been
renewed despite the order dated 14/8/2023 passed by this Court in
W.P.No.15823/2023 wherein it was directed to consider the case of the
petitioner for renewal of the passport. In compliance thereof the petitioner has

submitted all the documents before the respondents but the proceedings have
been closed without passing any order.
4 . Reply has been filed by the respondents in which it has been stated
that a criminal case has been registered against the petitioner vide Crime
No.466/2022 under Section 420 of the IPC, Section 36 of the Town and
Country Planning Act, 1973, Section 59 of M.P. Land Revenue Code, 1959 and
under Section 339(C)(1)(2)(3) of the Municipalities Act, 1961 and adverse
police verification report has been received. Reliance has also been placed on a
gazette notification No.GSR 298(E) dated 14/4/1976 issued by the Ministry of
External Affairs.
5 . Counsel for the petitioner submits that the case of the petitioner is
squarely covered by the order passed by this Court in W.P. No.15442 of
2023 in the case of Ankit Shrivastava Vs. Union of India and Ors. dated
14.07.2023 in which also this Court has relied upon another decision rendered
Signature Not Verified
Signed by: SHAILESH
in W.P. No.6229/2023 dated 09.05.2023. Thus, it is submitted that since the
MAHADEV SUKHDEVE
Signing time: 1/17/2024
11:25:25 AM
petitioner is not seeking to depart from India, his only relief is for renewal of his
 3

passport, the petition be allowed and the respondents be directed to do the

needful.
6. Prayer is opposed by the counsel for the respondents. However, it is
not denied that the order passed in W.P. No.6229 of 2023 dated 09.05.2023
has not been challenged by the respondents.
7. Heard counsel for the parties and perused the record.
8. So far as the order passed by this Court in W.P. No.6229/2023 dated
09.05.2023 is concerned, the same reads as under:-

"Heard.
2] This petition has been filed by the petitioner under Article
226 of the Constitution of India seeking the following reliefs:-
“That Petitioner prays for a writ of mandamus or any other
appropriate writ, order or direction to the respondent no. 2 to
immediately renew the passport of the petitioner for a period of
10 years.
Any other relief which this Hon’ble Court may deem fit in the
interest of justice.”
3 ] In brief, the facts of the case are that the petitioner is
facing criminal trial in connection with Crime No.563/2016
(S.T. No.600726/2016) wherein he has already been granted
bail by this Court in M.Cr.C. No.5492 of 2017 vide order
dated 22.06.2017 with a direction to surrender his passport
before the trial Court, which order the petitioner has already
complied with. However, the petitioner's grievance is that his
passport is valid till 01.06.2020 only and thus, he sought
release of the passport from the trial, which application was
rejected on 08.07.2022 by the trial Court. The aforesaid order
w a s challenged by the petitioner in M.Cr.C. No.35804 of
2022 which was allowed by this Court on 30.08.2022 setting
aside the order passed by the trial Court and directing to
release the passport of the petitioner on an undertaking that he
would submit his passport before the trial Court no sooner it is
renewed.
Signature Not Verified 4] The grievance of the petitioner is that after the passport
Signed by: SHAILESH
MAHADEV SUKHDEVE was released by the trial Court, the petitioner approached the
Signing time: 1/17/2024
11:25:25 AM Passport Authorities by filing an application dated
 4
07.10.2022 for renewal of the passport, however, the
petitioner has been informed that there is adverse police
verification to his credentials. In the aforesaid communication
dated 23.11.2022, it is mentioned that against the petitioner
22 criminal cases have been registered under Sections 420,
419, 467, 468, 471, 120-B and 34 of IPC, but he has taken
the permission only in one such offence under Crime No.563 of
2016.
5] Counsel for the petitioner has relied upon the order
passed by this Court in the case of Hardik Shah Vs. Union of
India and another passed in W.P. No.5692 of 2020 dated
07.12.2021 wherein this Court has held that the Gazette
Notification dated 25.08.1993 is not an impediment in a case
of renewal of a passport for a period of ten years. Thus, Shri
Baheti has submitted that since the present case is also purely
of renewal of passport, the respondents may be directed to
renew the same for a period of ten years without compelling
th e petitioner to seek no objection in all the other 22 cases
registered against him.
6] A reply has also been filed by the respondents wherein a
reference is made to Section 6(2)(f) of the Passport Act, 1967
which authorizes the concerned Officer to refuse the passport if
any criminal case is pending against any person in Criminal
Court of India and in the present case since 21 other cases
have also been registered against him, the passport cannot be
renewed. The respondents have also relied upon the Gazette
Notification issued by Ministry of External Affairs No.G.S.R.
No.298(E) dated 14.04.1976 which prescribes as under:-
“ It is necessary in public interest to do so, hereby exempts
citizen of India against whom any proceeding in respect of an
offence alleged to have been committed by them are pending
before a criminal Court in India and who produce order from
the Court concerned permitting them to depart from India from
the operation of the provision of Clause (f) of sub section (2) of
section 6 of the Passport Act, 1967.”
7] Thus, it is submitted that in the light of the aforesaid
Notification, the petitioner may be directed to obtain the
permission from respective concerned Courts where criminal
cases registered against the petitioner are pending and thus, it
Signature Not Verified is submitted that the petition being devoid of merits, is liable to
Signed by: SHAILESH
MAHADEV SUKHDEVE be dismissed.
Signing time: 1/17/2024
11:25:25 AM 8] Heard counsel for the parties and perused the record.
 5
9] On due consideration of the Gazett Notification No.G.S.R.
No.298(E) dated 14.04.1976, this court is of the considered
opinion that it would be applicable in case where a person
against whom criminal case is pending intends to depart from
India. In the present case it is not the petitioner’s intention to
depart from India, but he only wants to have his passport
renewed. In such circumstances, in the considered opinion of
this court, he is not required to obtain separate permissions
from each of such 22 criminal courts in which cases are
pending against him as he is required to take permission only
if he intends to depart from India.
10] In view of the same, this court finds no legal impediment
in allowing the present petition for renewal of the passport of
the petitioner.
11] Accordingly, the petition stands allowed and it is
directed to the respondents to renew the passport of the
petitioner for such period according to his entitlement within a
period of three months from the date of receipt of certified copy
of this order.
12] After the passport of the petitioner is renewed, he is also
directed to deposit the same in the trial Court as was earlier
directed by this court in M.Cr.C. No.35804 of 2022 which was
allowed by this Court on 30.08.2022."
9. It is also submitted by the learned counsel for the petitioner that only
an FIR has been registered against the petitioner and charge - sheet has not been
filed before any Court hence the gazette notification relied upon by the
respondents is not applicable. The documents filed by the respondents along
with their reply including the police verification report only state that a criminal
case has been registered against the petitioner and is under discussion. It does
not states that the investigation has been completed and charge - sheet has been
filed and the case is pending before a Court of law.
10. Thus in view of the aforesaid, I find that there is no legal impediment

Signature NotinVerified
allowing the present petition for renewal of the passport of the petitioner.
Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 1/17/2024
1 1 . Accordingly, the petition stands allowed and it is directed to the
11:25:25 AM
 6
respondents to renew the passport of the petitioner for such period according
to his entitlement within a period of three months from the date of receipt of
certified copy of this order.
1 2 . I t is made clear that merely because the petitioner's passport is
renewed, would not entitle him to travel abroad as he can depart from India only
after obtaining due permission from the concerned court, where the case is
pending, if any.
C.c. as per rules.

(PRANAY VERMA)
JUDGE
SS/-

Signature Not Verified

Signed by: SHAILESH
MAHADEV SUKHDEVE
Signing time: 1/17/2024
11:25:25 AM