BOMBAY HIGH COURT

Abbas_Hatimbhai_Kagalwala_vs_The_State_Of_Maharashtra_And_Anr_on_23_August_2022

Abbas Hatimbhai Kagalwala … Petitioner
V/s.
The State of Maharashtra and Anr. … Respondents
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Mr. Vivek Kantawala a/w Amey Patil i/b M/s Vivek Kantawala & Co., for
the Petitioner.
Mr. D.P. Singh, for Respondent No.2.
Smt.Uma Palsuledesai, AGP for State.
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CORAM :S.V. GANGAPURWALA &
MADHAV J. JAMDAR, JJ.
DATED :23rd AUGUST 2022

MUMBAI: Observing that the permission of a court where a criminal case is pending is not required for renewal of a passport, the Bombay high court directed the regional passport office to process a man’s application without insisting on it.

2. Learned Counsel for the Petitioner submits that for renewal of the Passport, permission from the Court where a criminal case is pending against the Petitioner, is not necessary. If a criminal case is pending, then the only limitation would be, the Petitioner can not travel abroad without the permission from the Court where a criminal case.

It is the case of the Petitioner that validity of the Passport came to an end in the year 2017. The Petitioner applied for renewal and said application is pending for more than 4 years. It is also a fact that a criminal case is pending against the Petitioner u/s 420, 465, 467 r/w 120-B of the Indian Penal Code.

. Court observes that the fact that petitioner is already issued a Passport earlier and the Petitioner would be seeking renewal of the Passport and the said application is pending with the Respondent, so also, considering the Order passed by the Apex Court in Criminal Appeal No.1342/2017 (supra) court pass the following order.

i) The Respondent shall process the application of the petitioner for renewal of Passport without insisting for permission of the Court, where a criminal case is pending against the Petitioner. If the Petitioner is travelling abroad, then the Petitioner would be required to seek permission from the Court where criminal case is pending.
ii) Decision shall be taken as observed above, within 2 months.
iii) The impugned communication is quashed and set aside.
iv) If as per procedure on-line application is required to be made, the same shall be made by the
Petitioner