Interim Order 2

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 567 / PW / 2018
ORDER BELOW APPLICATION FOR RENEWAL OF PASSPORT
1. The applicant Nishat Moiz Ahmed Shamsi moved this
application for renewal of passport. His contention is that he is
allegedly involved in commission of offences punishable under Sections
384 and 420 read with section 34 of the Indian Penal Code vide C.R.
No. 538/2017 of Andheri Police Station (C.C.No.567/PW/2018). He
wants to renew his passport bearing No. L2486260 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 evidence. 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 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, the order.
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ORDER
1. The application is rejected.
2. The Passport Authority shall process the application for
renewal of Passport without insisting for permission of the Court.
Sd/
(Nilesh V. Bansal)
Metropolitan Magistrate
Railway Mobile Court,
Date.: 26/02/2024 Andheri, Mumbai.
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