Final Order 1

Order Details: Order
Pdf Text: IN THE COURT OF ADDL.CHIEF METROPOLITAN MAGISTRATE,
22nd COURT, ANDHERI, MUMBAI.
Notice No.52/N/2024
C.C. No.2095/PW/2012
Sahar Police Station
State of Maharashtra
(Through Sahar Police Station).
… Complainant
V/s.
Smt. Rizwana Mohammed Harun Qureshi … Accused/Applicant
ORDER BELOW EXH.01 IN APPLICATION OF PASSPORT
VALIDITY EXTENSION
1. The applicant Smt. Rizwana Mohammed. Harun Qureshi
moved this application for renewal of passport. Her contention is that
she is allegedly involved in commission of offence punishable u/s. 465,
468, 471, 420 of IPC. vide Cr. No. 339/2012. She wants to renew her
passport and extend the validity for 10 years.
2. Heard. Perused record.
3. Gone through the record. The criminal case pending
against the accused is for framing of charge. In recent judgment of the
Hon'ble Bombay High Court in Writ Petition No. 384/2019 passed on
23.08.2022, it has been held that there is no need for seeking
permission of the Court by the accused, where the criminal case is
pending against him/her. It is also observed by the Hon'ble Court that
the notification dated 25.08.1993 and Section 6.2(f) of the Passport
Act, the applicant has to obtain permission of the Court where criminal
case is pending against her/him for the purpose of issuance of the
passport and not for renewal of the passport. In the order, the Hon'ble
[P.T.O.]
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Bombay High Court has also relied upon the order of the Hon'ble Apex
Court in Criminal Appeal No. 1342/2017 dated 27.09.2021. Hence, in
view of the observation of the Hon'ble Bombay High Court it is clear
that there is no need of seeking permission from this Court for renewal
of passport. Hence, petition stands rejected.
Date: 14.02.2024
Sd/
(J. W. Gaikwad)
Addl. Chief Metropolitan Magistrate,
22nd Court, Andheri, Mumbai.
csj
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