OM PRAKASH NAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred seeking direction for the respondents to release his Passport No.N6667140 valid from 13.01.2016 to 22.01.2026 (surrendered under certificate dated 04.10.2019).

(2.) It is contended by learned counsel for the petitioner that the respondents are not releasing his passport on account of order dated 12.12.2019 passed by the Judicial Magistrate No.3 (South), Kota in criminal case No.1049/2014, CIS No.34773/2014, whereby, convicting him under Sections 279, 337 and 338 IPC and Section 134/187 of the Motor Vehicles Act, 1988, he was directed to be extended benefit of probation under Section 4 of the Probation of Offenders Act, 1958 with condition to execute bond to maintain peace for a period of one year.

(3.) Relying on Section 6(2)(e) of the Passport Act, 1967(hereinafter referred as "the Act"), learned counsel for the petitioner submits that the passport can be withheld only in case of conviction for an offence involving moral turpitude and consequent sentence for an imprisonment for not less than two years. Learned counsel submits that he was convicted for a minor offence involving road accident wherein also, he was entered benefit under the Act of 1958.