No Pending Criminal Proceedings Under S.6(2)(f) Passport Act If There's No Final Report Or Court Cognizance : Kerala High Court

The Kerala High Court has clarified that mere registration of a crime or pendency of investigation, without filing of a final report or taking of cognizance by a court, does not amount to “criminal proceedings pending” under Section 6(2)(f) of the Passport Act, 1967.Justice A. Badharudeen made this observation while considering a petition that sought to renew the petitioner's passport amidst an ongoing vigilance investigation under the Prevention of Corruption Act.The petitioner had been granted permission to renew his passport by the Vigilance Court, but with strict conditions including surrender of passport, travel restrictions, and a security deposit. He challenged these conditions, arguing that passport authorities can independently renew or issue a passport unless a court has taken cognizance of a criminal offence.The Court relied the precedents, especially the decision in Thadevoose Sebastian v. Regional Passport Officer [2021 (5) KHC 625], in which it was found that if the final report has not been filed and no cognizance has been taken by the court, then no criminal proceedings pending before the court, and the passport authority is free to decide on the grant of a passport without permission from the court."if the final report has not been filed and no cognizance has been taken by the court, then no criminal proceedings pending before the court, and the passport authority is free to decide on the grant of a passport without permission from the court."Thus, the court held that,“In the instant case, even though FIR was registered, the investigation so far not completed. If so, following the ratio in Thadevoose Sebastian's case and the decisions referred in paragraph No.17 of the same, it could not be held that any criminal proceedings pending against the petitioner within the meaning of section 6(2)(f) of the Passport Act. Therefore, for renewal of the passport of the petitioner, permission of the court is not necessary.”Therefore, mere registration of a crime or pendency of investigation, without submission of a final report or taking of cognizance by a court, does not amount to “criminal proceedings pending” within the meaning of Section 6(2)(f) of the Passport Act, 1967 and the passport authority is free to decide on the grant of a passport without permission from the court.The court didn't interfere with the special judge's order to allow the passport authority to renew the passport of the petitioner for five years as per law. The Court quashed the harsh conditions imposed by the Vigilance Court, which it found to be onerous and legally unsustainable, especially since no criminal proceedings were technically pending before a court.Case No. OP(CRL.) NO. 324 OF 2025 Case Title : Raju Kattakayam v. State of Kerala & Ors.Citation: 2025 LiveLaw (Ker) 349Counsel for the Petitioner: Advs. Shri.Ajit G Anjarlekar, Sri.G.P.Shinod, Sri.Govind Padmanaabhan, Shri.Atul Mathews, Smt.Gayathri S.B.Counsel for the Respondent: Adv O.M. Shalina, Deputy Solicitor General Of India Adv.Rajesh A,Spl PP VACB,SRPP Rekha.S For VACBClick Here To Read/Download Order

No Pending Criminal Proceedings Under S.6(2)(f) Passport Act If There's No Final Report Or Court Cognizance : Kerala High Court

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No Pending Criminal Proceedings Under S.6(2)(f) Passport Act If There's No Final Report Or Court Cognizance : Kerala High Court

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