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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
ADVAIT M.SETHNA
Abdul Kadar Janulla Sayyad – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ADVAIT M. SETHNA, J.
1. This judgment and order would dispose of both the Criminal Application Nos. 1695/2025 and 1696/2025 as the learned Advocate for the Applicant and Respondents agree that the issues and reliefs sought for are similar.
2. This Application is filed in Criminal Application/Petition No. 125/2025 with a prayer to issue passport to the Applicant (Original Accused) under relevant provisions of the PASSPORT ACT , 1967 (“the Act”) and Rules/Notification as applicable.
3. At the outset, the Applicant had filed a Criminal Revision Application No. 125/2024, assailing the judgment and order dated 07 May 2024 passed by the Additional Sessions Judge, Ambajogai in Criminal Appeal No. 30/2024. By this order, the order dated 08 May 2014 passed by the Judicial Magistrate First Class, Ambajogai in Regular Criminal Case No. 47/2002 was confirmed, which convicted the Applicant for offence punishable under section 304A of the INDIAN PENAL CODE , 1860 (“IPC”) and sentencing him to suffer rigorous imprisonment for two year and fine of Rs. 1,000/- in default, to undergo simple imprisonment for 15 days.
4. By an order dated 08 May 2024, this Court allowed the Application of th
The issuance of a passport can be permitted despite pending criminal proceedings if a court order is provided, aligning with Section 6(2)(f) of the Passports Act, 1967.
Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court.
Pending criminal proceedings do not equate to conviction; thus, a passport can be reissued upon obtaining court permission as per the Passports Act.
Pending criminal proceedings can bar the renewal of a passport under the Passports Act, necessitating compliance with statutory provisions and court permissions for validity.
The denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
Ongoing criminal proceedings can bar regular passport issuance under Section 6(2)(f) of the Passports Act, while allowing for a short validity passport contingent on court approval.
The restriction in Section 6(2)(f) of the Passport Act, 1967 is not absolute and may be relaxed by court order for individuals with pending criminal cases, as per the notification dated 25.08.1993.
Refunding of passport amid criminal proceedings is permissible with court authorization, emphasizing public interest balancing with individual rights under the Passport Act, 1967.
The main legal point established in the judgment is that a passport can be issued or renewed in the context of a pending criminal case only on the basis of production of orders from the concerned Cou....
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