Whether the accused should obtain permission for renewal of passport from the court where criminal case is pending?

 i) The Respondent shall process the application of the

petitioner for renewal of Passport without insisting for

permission of the Court, where a criminal case is

pending against the Petitioner. If the Petitioner is

travelling abroad, then the Petitioner would be required

to seek permission from the Court where criminal case is

pending.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.384 OF 2019

Abbas Hatimbhai Kagalwala  V/s. The State of Maharashtra and Anr. 

CORAM : S.V. GANGAPURWALA &

MADHAV J. JAMDAR, JJ.

DATED : 23rd AUGUST 2022

1. The Petitioner had applied for renewal of the Passport. Said

application is not being entertained for the reason that the Petitioner should obtain a permission from the Court where a criminal case is pending against the Petitioner.

2. Learned Counsel for the Petitioner submits that for renewal of

the Passport, permission from the Court where a criminal case is pending

against the Petitioner, is not necessary. If a criminal case is pending, then

the only limitation would be, the Petitioner can not travel abroad without

the permission from the Court where a criminal case is pending against the

Petitioner. He relies upon order passed by the Apex Court in Criminal Appeal No.1342/2017 dated 27.9.2021.

3. Learned Counsel for the Union relies upon Notification dated

25.8.1993 and Section 6.2 (f) of the Passport Act, 1967, to conclude that the

Petitioner has to obtain a permission of the Court where criminal case is

pending against the Petitioner for the purpose of issuance of the Passport.

It will be a case of issuance of the Passport and not renewal of the Passport.

4. It is the case of the Petitioner that validity of the Passport came

to an end in the year 2017. The Petitioner applied for renewal and said

application is pending for more than 4 years. It is also a fact that a criminal

case is pending against the Petitioner u/s 420, 465, 467 r/w 120-B of the

Indian Penal Code.

5. In view of the fact that petitioner is already issued a Passport

earlier and the Petitioner would be seeking renewal of the Passport and the

said application is pending with the Respondent, so also, considering the

Order passed by the Apex Court in Criminal Appeal No.1342/2017 (supra)

we pass the following order.

Order

i) The Respondent shall process the application of the

petitioner for renewal of Passport without insisting for

permission of the Court, where a criminal case is

pending against the Petitioner. If the Petitioner is

travelling abroad, then the Petitioner would be required

to seek permission from the Court where criminal case is

pending.

ii) Decision shall be taken as observed above, within 2

months.

iii) The impugned communication is quashed and set

aside.

iv) If as per procedure on-line application is required to

be made, the same shall be made by the Petitioner.

6. The petition is disposed of.

7. No costs.

(MADHAV J. JAMDAR, J) (S.V. GANGAPURWALA, J)

Print Page