Order 1

Order Details: Order
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE
RAILWAY MOBILE COURT, ANDHERI, MUMBAI
C. C. No. 2910 / PW / 2018
ORDER BELOW APPLICATION FOR RENEWAL OF PASSPORT
1. The applicant Altaf Wazir Shaikh moved this application for
renewal of passport. His contention is that he is allegedly involved in
commission of offences punishable under Sections 354, 354D and 506II of
the Indian Penal Code vide C. R. No. 241/2018 of Oshiwara Police Station
(C.C.No.2910/PW/2018). He wants to renew his passport bearing No. J
9244794 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.
ORDER
1. The application is rejected.
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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.: 23/02/2024 Andheri, Mumbai.
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