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Renew passport during Section 498a IPC pending

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2019
CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl.O.P No.22428 of 2019

M.Rizwan … Petitioner

vs.

The State of Tamil Nadu,
Represented by Inspector of Police,.. Respondent /Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to setaside the order dated 11.09.2018 made in M.P.No.1132 of 2018 in C.C.No.—– of 2013, on the file of the IX Metropolitan magistrate (FAC), Saidapet, Chennai and pass necessary orders for renewal of his passport No.——- vide application Ref.No.18- 1003342529 with normal 10 year validity period.

For Petitioner : Mr.N.S.Sivakumar
For Respondents : Mr.M.Mohammed Riyaz,
Additional Public Prosecutor

ORDER
This Criminal Original Petition has been filed challenging the order passed by the Court below refusing to order for renewal of the passport, which stands in the name of the petitioner.

2. The Trial Court has placed reliance on the Notification of the Ministry of External Affairs. But, however, the Trial Court understood that the notification confines itself only with regard to permission for departure from India. The Court below has given a finding that the renewal of the passport cannot be done by getting directions from the Court.

3. This Court is not in agreement with the order passed by the Court below. When Criminal Proceedings are pending before the Court, the passport can be issued or renewed only based on the production of orders from the concerned Court. In notification NOGSR 570 B, the conditions under which a passport or travel documents could be issued has been enumerated. Therefore, even for a renewal of passport, it requires the orders of the Court and without the same, the passport cannot be renewed in all cases, where criminal proceedings are pending.

See also  Section 482 Cr.P.C in 498A directed to file 239 Cr.P.C in Lower court

4. In view of the above, the order passed by the Court below is set aside and there shall be a direction to the Regional Passport Office, Chennai, to renew the passport No.—— of the petitioner, for a period of ten years.

5. This Criminal Original Petition is disposed of accordingly.

Index: Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order

N. ANAND VENKATESH, J.

To
1.The State of Tamil Nadu,
Represented by Inspector of Police,
2. The Regional Passport Officer,Chennai

3. The Public Prosecutor
High Court of Madras.
Crl.O.P No.22428 of 2019
22.08.2019

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