Full Order Text
Order 2 · 26 Feb 2024 · CNR MHMM190022282018
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. -- 1 of 2 -- 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. -- 2 of 2 --