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Tag: No Court Permission required for Passport Renewal

Vangala Kasturi Rangacharyulu Vs Central Bureau of Investigation on 27 Sep 2021

Posted on November 5, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows,

The refusal of a passport can be only in case where an applicant is convicted during the period of 5 years immediately proceeding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years.
Section 6.2 (f) relates to a situation where the applicant is facing trial in a criminal court.
Admittedly, at present, the conviction of the appellant stands still the disposal of the criminal appeal. The sentence which he has to undergo is for a
period of one year. The passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal.
The passport authority is directed to renew the passport of the applicant without raising the objection relating to the pendency of the criminal appeal in this Court. Subject to the other conditions being fulfilled, the Interlocutory Application stands disposed of.

Vangala Kasturi Rangacharyulu Vs Central Bureau of Investigation on 27 Sep 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision No Court Permission required for Passport Renewal Vangala Kasturi Rangacharyulu Vs Central Bureau of Investigation | Leave a comment

Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022

Posted on November 5, 2022 by ShadesOfKnife

A division bench of Bombay HC held as follows,

From Para 3, 4 and 5,

3. Learned Counsel for the Union relies upon Notification dated 25.8.1993 and Section 6.2 (f) of the Passport Act, 1967, to conclude that the Petitioner has to obtain a permission of the Court where criminal case is pending against the Petitioner for the purpose of issuance of the Passport. It will be a case of issuance of the Passport and not renewal of the Passport.
4. 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.
5. In view of 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) we pass the following order.

Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022
Posted in High Court of Bombay Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr No Court Permission required for Passport Renewal | Leave a comment

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