Ongoing case itself is not sufficient to deny the right of the applicant for renewal of the passport – Bombay High Court

 

The Single Judge Bench of the Bombay High Court, Lucknow Bench comprising Justice Amit Borkar in the case of Nijal Navin Shah v. The State of Maharashtra and Anr has ordered the passport authorities to decide the application of renewal of passport as per the law of the land despite having criminal case against him.

Facts of the Case

The applicant is facing prosecution had applied for relief of renewal of the passport before the learned Metropolitan Magistrate. The learned Magistrate has rejected the application holding that the investigation is not complete; one of the accused is absconding; there shall chances of tampering of evidence.

Therefore, the applicant has preferred bail application before the High Court.

Reasoning and Decision of the Court 

The Court perused the facts of the case and expounded that as the prayer for renewal of passport is concern, it is well settled that the rights of person applying for renewal of passport are regulated by the provisions of passport Act.

The court further affirmed that there is no allegation that the applicant had breached the conditions imposed by the Court while granting permission to travel abroad.

The court also relied on the judgment of Narendra K. Ambawani Vs. Union of India. The Court allowed the application and quashed the impugned order passed by the Court below. The Court ordered the Passport authorities to scrutinize eligibility of the applicant as required under the provisions of the passport Act, and shall pass order in accordance with law on application for renewal of passport of the applicant.

 

Case Details

Case:- CRIMINAL APPLICATION NO.1193 OF 2022

Petitioner:-  Nijal Navin Shah

 

Respondent:- The State of Maharashtra and Anr

Counsel for the Petitioner – Ms. Sonal Parab

Counsel for the Respondent – Mr. D.P. Singh

 

Judge: Justice Amit Borkar

 

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(With input from news agency language)

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