The central legal point established is that while the Passport Act allows refusal of passport renewal during a pending criminal case, the court has the discretion to grant no objection based on the circumstances of the case and the applicant's undertaking.

Sanjay Kumar Singh, J.

Heard Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Alok Ranjan Mishra, learned counsel for the applicant and learned A.G.A. for the State.

Basic Facts

2. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 22.07.2017, passed by Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar, in Criminal Case No. 31879 of 2016 (State vs. Ravindra Bhargav), under Sections 323, 354B, 504, 506 I.P.C., Police Station Pheelkhana, District Kanpur Nagar, whereby learned Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar has rejected the application dated 03.07.2017 of the applicant for obtaining no objection certificate/permission regarding issuance of passport to the applicant on the ground that in a criminal case pending against the applicant charge has not yet been framed and during the pendency of criminal case, there is no justification for granting permission to renew the passport of the applicant.

3. It is submitted by learned counsel for the applicant that passport bearing no. G2815097 was issued to the applicant by Regional Passport Office, Lucknow on 07.05.2007. The validity of the said passport was up to 06.05.2017. The applicant online applied for renewal of his aforesaid passport on 17.03.2017 but on account of pendency of criminal case under Sections 323, 354B, 504 and 506 I.P.C. pursuant to F.I.R. dated 14.11.2015 against him, his application for renewal was put on hold at Passport Seva Kendra, Kanpur, as per acknowledgement letter dated 17.03.2017. It is contended that the applicant has again submitted re-issue application bearing no. LK2070837505217 dated 17.03.2017 before Regional Passport Office, Lucknow, Ministry of External Affairs, Government of India. On seeking status of the above application dated 17.03.2017 by the applicant, Regional Passport Office, Lucknow by letter dated 03.07.2017 given reply to the applicant observing the following discrepancies :-

“1. As per your submitted passport application from a court case pending against you.

2. Please obtain order/no objection from the concerned court.”

“Further request was made to the applicant “to produce proper certificate/explanation for the same without which the requested service cannot be provided to applicant”.

4. In view of above, the applicant filed an application dated 03.07.2017, in Criminal Case No. 31879 of 2016 before the court of Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar for obtaining no objection regarding renewal/re-issuance of passport. The said application of the applicant has been rejected by the Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar vide order dated 22.07.2017 on the ground that a case under Sections 323, 354B, 504 and 506 I.P.C. has been registered against the applicant, in which charge sheet has been filed against the applicant but charge has not yet been framed against the applicant, therefore, during pendency of a criminal case, there is no justification for granting permission for renewal of the passport to the applicant.

Submissions on behalf of applicant

5. Assailing the impugned order dated 22.07.2017 of the court below, learned counsel for the applicant at very outset has placed reliance on the order dated 02.09.2016, passed by co-ordinate Bench of this Court, in Criminal Revision No. 916 of 1988, which is reproduced herein below :-

“Order on Application No. 223300 of 2016

Heard Shri G.S. Chaturvedi, learned Senior Advocate assisted by Shri Samit Gopal, learned counsel for the revisionist and Shri P.K. Srivastava, learned A.G.A. for the State.

This application has been filed by the applicant-revisionist with the prayer to permit the applicant to travel to U.S.A. from 15.3.2017 to 30.9.2017 and then again from 1.5.2018 to 31.12.2018 and further give suitable directions for the renewal /re-issue of the passport No.-L 9152792 issued on 2.6.2014 from Ghaziabad.

Learned counse