Order 1

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 59 / PW / 2019
ORDER BELOW APPLICATION FOR RENEWAL OF PASSPORT
1. The applicant Irfan Ullah Farooqui moved this application for
renewal of passport. His contention is that he is allegedly involved in
commission of offences punishable under Sections 420, 465, 467, 468, 471,
452, 427, 504 and 506 read with Section 34 of the Indian Penal Code vide
C.R. No. 682/2008 of Oshiwara Police Station (C.C.No.59/PW/2019). He
wants to renew his passport bearing No. L7123931 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 him for the purpose of issuance of the
passport and not for renewal of the passport. In the order, the Hon'ble
Bombay High Court has also relied upon the order of the Hon'ble Appex 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. Sd/
(Nilesh V. Bansal)
Metropolitan Magistrate
Railway Mobile Court,
Date.: 24/01/2024 Andheri, Mumbai.
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