KUPPUSAMY KRISHNASAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein seeks a direction to the first respondent to renew the passport bearing No.L9467786 within a time frame fixed by this Court.

(2.) According to the petitioner, he has been living with his family members at Sharjah in UAE and he is running an Auto Maintenance Workshop. The petitioner's passport expired on 31/5/2024. Therefore, the application for renewal of the same was submitted on 6/5/2024. Though he appeared before the first respondent on 15/5/2024 for the purpose of renewal of the passport, till date he has not received any communication from the first respondent regarding the renewal. On enquiry it came to the knowledge of the petitioner that his application requesting for renewal of the passport is pending, due to the registration of First Information Report against the petitioner on the file of the third respondent for the offence under Ss. 279 and 304(4) of IPC. The petitioner appeared before the first respondent and filed an explanation stating that only investigation is pending against the petitioner and no charge sheet has been filed. In such circumstances, there may not be impediment for the first respondent to process the application for renewal of the passport. However, till date the request of the petitioner has not been considered. Hence, the petitioner is before this Court with the above mentioned prayer.

(3.) The learned counsel for the petitioner by relying on the judgment of the High Court of Jammu and Kashmir and Ladah in Rajesh Gupta Vs. Union of India and another, reported in 2022 SCC Online J and K 1066, submitted that the registration of an FIR or pendency of investigation by the Investigating Agency is not a ground to refuse, issue or renewal of passport requested by the applicant.