ABBAS HATIMBHAI KAGALWALA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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 dtd. 27/9/2021.

(3.) Learned Counsel for the Union relies upon Notification dtd. 25/8/1993 and Sec. 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.