Even though the FIR was registered, the investigation is pending, and cognizance has not been taken, it cannot not be held that any criminal proceeding is pending against a person within the meaning of Section 6(2)(f) of the Passport Act. Therefore, permission of the court where FIR is filed is not necessary for renewal of the passport, says Kerala High Court in Raju Kattakayam v State of Kerala & Another [2025: KER:40962].
The Section 6 (2)(f) of the Passport Act provides that pendency of proceedings in respect of an offence alleged to have been committed by the applicant pending before a Criminal Court in India is a valid reason to refuse passport or travel documents.
In the above case, the High Court relied on the judgement in Thadevoose Sebastian v Regional Passport Office & Another [AIRONLINE 2021 KER 1457] in arriving at the decision.
In Muhammed v. Union of India and Others [2018 (4) KHC 945], the Kerala High Court held that a criminal proceeding is pending only when cognizance is taken and in the absence of a final report filed in court, a criminal case cannot be treated as pending.
