PARTHA SARATHI BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal revision is preferred by the petitioner challenging the order no. 44 dated 11.12.2013 passed by the Learned Additional Sessions Judge, 7th Court, Paschim Medinipur in Sessions Trial No. XXXVI/December -2003, by which learned Judge of the court below refused to grant permission to the petitioner for obtaining passport in order to go abroad.

(2.) It appears from the materials on record that the present petitioner is facing trial before the court of learned Additional Sessions Judge, 7th Court, Paschim Medinipur along with 27 co -accused persons on the allegation of committing offences under Sections 121A, 122, 123, 124A and 120B of the Indian Penal Code and under Section 35 of the Arms Act.

(3.) Mr . Debashis Banerjee, learned counsel appearing on behalf of the petitioner submits that the Passport Authority may refuse to grant passport if any criminal case is pending against the applicant before a Criminal Court, unless the Presiding Officer of the said Criminal Court grants permission in favour of the applicant for obtaining passport as laid down in Notification No. G.S.R. 570 (E) (25 - August - 93) Citizens of India Exempted from the Provision of Section 6 (2) (f) of the Passports Act, 1967 issued by the Ministry of External Affairs, Government of India in exercise of the powers conferred by Clause (a) of Section 22 of the Passports Act, 1967. Mr. Banerjee also contends that the petitioner is working as a consultant with International Water Management Institute from the year 2005 having its Headquarters at Sri Lanka and Branch Office at New Delhi and the petitioner will have to go to abroad in connection with the research work.