Bodu Momin v. Union Of India And ORS.

M/L 13 09.06.2025 Court No.14 PRADIP

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 11609 of 2025 Bodu Momin Vs.

The Union of India & Ors.

Mr. Arunava Banerjee Ms. Ritika Mandal Mr. SK. Qareeb ...for the Petitioner.

Ms. Priyamvada Singh ...for the State.

Mr. Amit Sharma Ms. Shakshi Rathi Ms. Katha Sarkar ...for the Respondent Nos. 1,3&4

1. Instruction forwarded by the Officer-in-Charge, Nalhati Police Station dated 22nd May, 2025 is taken on record.

2. The petitioner prays for renewal of his passport. The respondent authority has not renewed the passport of the petitioner on the ground that there is an adverse police report against him.

3. From the instruction forwarded by the Officer-in-Charge, Nalhati Police Station dated 22nd May, 2025 it appears that Nalhati Police Case No. 72/25 dated 14th February, 2025 under Sections 336(3)/336(4)/340(2)/318(4)/49 BNS and 14 of the Foreigners Act is pending against him.

4. The Passports Act, 1967 empowers the passport authority to refuse issue of passport if any proceeding in respect of an offence alleged to have been committed by the applicant is pending before a criminal court in India.

5. Admittedly, the passport authority has refused to renew the passport due to pendency of a criminal case against the petitioner. The act of the authority cannot be faulted.

6. It will be open for the petitioner to take steps in accordance with law to obtain renewal of the passport.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)