Back
N. SATHISH KUMAR
B. Bhavani – Appellant
Versus
Regional Passport Officer Royal Towers, Chennai – Respondent
JUDGMENT
(Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct to 1st respondent Regional Passport Officer, Chennai, herein, to renew the passport of the petitioner Mrs.B.Bhavani bearing passport No.U 7429673, for a period of 2 years and permit the petitioner herein to travel to USA on condition to return to India on or before 12 months of her departure to USA.)
1. This Criminal Original Petition has been to direct the 1st respondent Regional Passport Officer, Chennai, herein, to renew the passport of the petitioner Mrs.B.Bhavani bearing Passport No. U 7429673 for a period of 2 years and permit the petitioner herein to travel to USA on condition to return to India on or before 12 months of her departure to USA.
2. The petitioner has filed an affidavit stating that there is a proceedings pending against her in C.C No.1 of 2011 on the file of the Special Court for The Puducherry Protection of Interests of Depositors in Financial Establishments Act 2004, for the offences under Sections 409, 420, 468, 471, 477A, 212, 120B read with 34 IPC Section 138, 142 Negotiable Instruments Act, Section 3 of the Puducherry Protection of interests of Depositors in F
The court balanced the petitioner's genuine reasons for travel with the need to ensure her return and compliance with legal obligations, imposing specific conditions to address these concerns.
The mere pendency of a criminal case is not a bar to the renewal of a passport, provided the applicant obtains necessary permission from the relevant court before traveling abroad.
The necessity to issue a valid passport to renew a visa must align with legal provisions and the petitioner's circumstances.
A writ petition for mandamus can be influenced by pending criminal cases affecting the petitioner's travel.
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....
The right to renew a passport is part of personal liberty and cannot be arbitrarily restricted without due process, particularly when the individual is not convicted.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
