MANGAL PRABHAT LODHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this petition is to the order dtd. 18/6/2022, passed by learned Metropolitan Magistrate 25th Court, Mazgaon at Sewree, Mumbai in C.C. No.2230/PS/2022 directing Regional Passport Authority to renew the passport of the petitioner for two years.

(2.) The petitioner has, therefore, challenged the order contending that Rule 12 of the Passport Rules 1980, requires that ordinarily passport shall be granted for period of 10 years. The exercise of such power by the Court restricting period of 10 years to two years need to be supported by cogent reasons. The nature and gravity of offence alleged against the petitioner may be a relevant fact however in the facts of the case considering nature of offence, i.e., under Ss. 141, 143, 148, 149, 269 and 341 of the Indian Penal Code, 1860 and Sec. 37(3) and 135 of the Maharashtra Police Act, 1951 and status of petitioner, the Court ought to have directed the authority to renew the passport for period of 10 years.

(3.) The learned advocate for the respondent No.1 submitted that the Magistrate has rightly passed an order directing renewal of passport for period of two years.