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IN THE COURT OF JUDICIAL MAGISTRATE (F.C.),
46TH COURT, MAZGAON, MUMBAI.
C.C. No.375/MISC/2026
CNR NO.MHMM120019142026
C.C. NO.4601178/PW/2018
(C.R. NO.72/2018 OF PS. AGRIPADA)
Kalimunnisa Akbar Ali Khan … Applicant
Vs.
The State of Maharashtra,
(Through – PSO Agripada Police Station) … Prosecution
ORDER BELOW EXH.1
Present application filed by accused namely Kalimunnisa Akbar
Ali Khan for seeking permission to re-issue/renewal of passport for 10
years. It is contended that she has been charged for the offence punishable
under Section 324, 323, 504 r/w. Section 34 of the IPC. She has further
contended that, the validity of her passport bearing No.K6293804 expired
on 19.06.2022. She has further submitted that, she wants to apply for re-
issuance of passport as she wants to go to the Kingdom of Saudi Arabia for
religious purpose i.e. for Umrah. However, as the criminal case is pending
against her, the Passport Authority asking to obtain the permission from
the Court. Hence, she filed this application for granting a permission to re-
issue the passport.
2. The I.O. has filed say (Exh.4) and learned APP filed the say and
objected that, if permission is granted there is every possibility that, the
applicant will flee away and delay will be caused for conducting trial.
3. The Court has heard the parties and gone through application
and affidavit of the applicant and also perused the relevant record and
proceeding. It is seen that prosecution is launched against the applicant
and others for offences mentioned
supra. This Court has also gone through
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the relevant provisions of Passport Act, 1967 and Passport Rules, 1980. In
the said enactments, there are no guidelines for issuance of such type of
directions. However, for issuance of passport, there is a clause restraining
passport authority if a criminal case is pending against the applicant. Yet,
parameters for issuing No Objection or issuing direction to concerned
authority by the concerned criminal Court are not given.
4. In this case, the learned counsel for the applicant has relied
upon very recent judgment of the Hon’ble Bombay High Court in the case
of
Sangram Ashok Swami Vs. Regional Passport Office, Pune & Ors. 2022
ALL M.R. (Cri.) 1664, in which, the Hon’ble High Court has directed the
passport authorities to renew the petitioner’s passport for 10 years, in
accordance with the Passport Rules and Regulations thereunder.
5. He has also relied upon the judgment of the Hon’ble Telangana
High Court in the case of
Mahendra Kumar Agarwal Vs. The Union of
India & Ors. decided on 27.03.2024 in WP No.7873 of 2024, in which the
Hon’ble High Court has directed the Passport Authorities to pass the
appropriate orders for renewal and re-issuance of passport for a period 10
years as per the Passport Act and Rules and Regulations thereunder.
6. The applicant wants to obtain passport for the purpose to travel
abroad for Umrah. It is worthwhile to mention here that the applicant is
resident of Mumbai. Therefore, there is no possibility of absconding of this
accused. Moreso, the applicant has submitted that, she is ready to abide by
any condition imposed by the Court. Considering the said provisions of
Passports Act and the ratio referred in authority cited
supra, this Court is
of the opinion that there is no impediment on this Court to grant
permission to the applicant to renewal/re-issue of passport, subject to
undertaking and certain conditions. In view thereof, this Court is of the
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opinion that application deserves to be allowed. Accordingly, this Court
proceeds to pass following order.
ORDER
01. The application is allowed.
02. The Passport Authority, Mumbai is hereby directed to renew/re-
issue passport to the applicant-Kalimunnisa Akbar Ali Khan for
10 Years (Ten Years), in accordance with the Passport Rules and
Regulations thereunder.
03. The applicant/accused shall produce before this Court immediately
the copy of the passport if issued to her.
04. The applicant shall not travel outside India without prior
permission of the appropriate Court.
05. Application is disposed of accordingly.
Date : 30.03.2026 ( P. P. Deshmukh )
Judicial Magistrate (F.C.),
46th Court, Mazgaon, Mumbai.
RRRT.
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