HC Expounded: Right to apply for Passport renewal cannot be denied on the ground of a Criminal case pending against the person

 

The Bombay High Court allowed an application seeking quashing of the order passed by the Metropolitan Magistrate whereby the applicant’s request for renewal of passport was rejected. The High Court observed that the mere pendency of a criminal case against a person is not a ground to deny the right of the person to apply for renewal of passport.

Brief Facts:

The applicant was facing prosecution under Sections 406, 420, 120(b) read with 34 of the Indian Penal Code, 1860. He applied for relief of renewal of the passport before the learned Metropolitan Magistrate. The learned Magistrate rejected the application, holding that the investigation is not complete.

Observations of the Court

The Court observed that merely because the offences under Sections 406, 420, 120(b) read with 34 of IPC are pending against the applicant, the right of the applicant for renewal of the passport cannot be denied.

 

The Court observed that the apprehensions that have been expressed by the investigative agency are sufficiently taken care of by the order of the learned Additional Sessions Judge whereby certain conditions were imposed on the applicant while passing the order of release of the applicant for pre-arrest Bail.

The decision of the Court:

The Bombay High Court, allowing the application, quashed the impugned order passed by the learned Metropolitan Magistrate, directing respondent no. 2 to not reject the renewal of passport granting on the pendency of offence against the applicant.

 

Case Title: Nijal Navin Shah vs State of Maharashtra & Anr.

Coram: Hon’ble Justice Amit Borkar

Case no.: CRIMINAL APPLICATION NO. 1193 OF 2022

 

Advocate for the Applicant: Ms. Sonal Parab, Ms. Tanvi Sawant and Mr. Rajeev Sawant

Advocate for the Respondent: Mr. D.P. Singh and Mr. A.R. Patil

Read Judgment ;

 

 

 

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(With input from news agency language)

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