Order XLI Rule 23A CPC | Re-Trial Necessary When Crucial Parties Impleaded In Appeal: Telangana High Court Cannot Freeze Entire Bank Account For Small Disputed Sums: Rajasthan High Court Issues Comprehensive Guidelines Against Indiscriminate Account Freezes In Cyber Crime Probes 187(3) BNSS | No Extension Of Investigation Time Without Notice To Accused: Punjab & Haryana High Court Grants Default Bail In NDPS Case Road Widening Under Master Plan Cannot Be Stalled For Formal Land Acquisition, Section 305 Permits Direct Removal Of Encroachments: Madhya Pradesh High Court P&H High Court Quashes Preventive Detention Over 45-Day Delay In Informing Detenu Of Right To Represent 'Sole Allegation Of Torture Cannot Stand Alone': Andhra Pradesh High Court Acquits Husband Under Section 498A IPC After Dowry Demand Disproved Seeking Corroboration To Victim's Testimony Amounts To Adding Insult To Injury: Bombay High Court Upholds Rape Conviction Offences Of Cheating & Criminal Breach Of Trust Cannot Coexist On Same Facts: Calcutta High Court Quashes FIR Over Commercial Contract Dispute "Accident Alone Is Not Proof": Delhi High Court Acquits Bus Driver In 2003 Road Fatality Case, Rules Mere Speeding Or Collision Insufficient For Section 304A IPC Mandate Of Regulations Must Be Read Into Public Notices: Kerala High Court Reverses Order Directing NMC To Reopen Portal For Medical College's PG Seat Hike Unproven 1946 Oral Sale And Subsequent School Gift Cannot Convey Valid Title Over Tribal Land: Orissa High Court Orders Compensation After 80 Years ED Can Probe Money Laundering In J&K Corruption Cases: J&K High Court Rules S. 5(1)(d) J&K PC Act Corresponds To Amended S. 7 Of Central PC Act Not Mere Lip Service: Supreme Court Quashes GST Notice Under Section 74 Lacking Foundational Facts Of Fraud Or Suppression Selling Manufactured Goods At Factory Premises Doesn't Turn 'Industrial' Land Into 'Commercial' For Stamp Duty: Supreme Court Supreme Court Orders All States To Form Dedicated SITs To Probe Fake Motor Accident Claims, Warns Insurance Top Brass Against Selective Referrals Port Trusts Not Immune From Customs Duty On Pilfered Goods: Supreme Court Upholds Notification Declaring Mumbai Port Trust As Custodian Under Section 45

Passport Renewal Cannot be Denied Based on Pending Criminal Cases: MP HC

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Madhya Pradesh High Court, presided over by Hon'ble Shri Justice Subodh Abhyankar, has pronounced that passport renewal cannot be denied solely on the grounds of pending criminal cases against the applicant. The Court's decision came in response to a writ petition filed by Abu Zar Rangwala, seeking the renewal of his passport.

The petitioner's passport renewal had been withheld due to two pending criminal cases registered against him under various sections of the Indian Penal Code. The respondents relied on Gazette Notification No.G.S.R No.298(E) dated 14.04.1976 issued by the Ministry of External Affairs to argue against the renewal.

In its observation, the Court drew attention to a prior judgment dated 09.05.2023 (W.P. No.6229/2023) where it interpreted the Gazette Notification. The Court noted that the Gazette Notification was meant to apply when individuals intended to depart from India and required permission from the concerned court. However, the present case pertained to passport renewal and not departure from the country. The Court emphasized the distinction between seeking passport renewal and intending to leave India.

"The Gazette Notification pertains to those intending to depart from India, not to passport renewal," the Court observed, debunking the argument against renewal based on the Notification.

The Court clarified that the Gazette Notification does not pose a legal impediment to passport renewal in cases where individuals are not intending to leave the country. Accordingly, the Court allowed the writ petition and directed the respondents to renew the petitioner's passport within three months from the date of the certified copy of the order.

The Court made it clear that while passport renewal would be granted, it does not automatically grant permission to travel abroad. Individuals with pending criminal cases would still need separate permission from the concerned courts to travel outside the country.

This ruling, echoing the principles of justice and individual rights, will likely impact similar cases in the future and could lead to a more nuanced approach in cases involving passport renewals and pending criminal proceedings.

Date of Decision: 14th August, 2023

ABUZAR RANGWALA vs UNION OF INDIA MINISTRY

Latest Legal News