NILESH HEDA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition has been filed with the prayer that Regional Passport Officer Jaipur be directed to renew the petitioner's passport, in view of the fact that he has been acquitted in Cr. Case No. 41/2013, arising out of FIR No. 207/2012 at Police Station Civil Lines, Ajmer, vide judgment dated 3 -4 -2014 passed by Additional Sessions Judge No. 1, Ajmer.

(2.) The petitioner was issued Passport No. E5141667 on 9 -5 -2003 for a period ten years and traveled abroad thereon on several occasions for his business requirements. The passport, having expired on completion of ten years period in 2013, required renewal. It has been submitted that prior to the time for renewal, the petitioner came to arrayed as an accused in FIR No. 207/2012 for offences under Ss. 376, 384, 120 -B and 376(2)(g) of IPC and was challaned, charged and tried in Cr. Case No. 41/2013 before the Additional Sessions Judge No. 1 Ajmer. Vide judgment dated 3 -4 -2014 he was acquitted of the charges framed against him. Appeals at the instance of complainant and the State have been however since filed (being 694/2014 and 695/2014) before the Rajasthan High Court at Jaipur and are pending, even though no summon by the appellate court received by the petitioner.

(3.) It has been submitted that petitioner's passport having expired on 8 -5 -2013, he did not seek renewal of the same till his acquittal in the criminal case aforesaid. Following his acquittal, the petitioner made an application for renewal of his passport on 23 -5 -2014, which was recorded as JP1077794224214. The petitioner was thereon informed by the Passport authorities that the police has filed an adverse verification report against him of a pending criminal appeal against his judgment of acquittal dated 3 -4 -2014. The petitioner was asked to submit a copy of the judgment dated 3 -4 -2014 in Case No. 41/2013. The petitioner complied and furnished the acquittal judgment dated 3 -4 -2014 passed by the Additional Sessions Judge No. 1, Ajmer. Yet the petitioner's passport is not being renewed for the misguided reason of pendency of criminal appeals against the judgment of acquittal dated 3 -4 -2014 aforesaid and the consequent adverse police report based thereon.