The single judge bench of the Andhra Pradesh High Court held that a person involved in a criminal case is obliged to obtain No Objection Certificate from the Court concerned for obtaining renewal of his passport. When such an application/petition is moved before the Court concerned, the trial Court has to consider the same as per law after taking into account the relevant facts and circumstances of the case pending before it and pass appropriate orders.
Brief facts
The factual matrix of the case is that the case is pending against the Petitioner for the offences under Sections 498-A, 406, and 420 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 1961. The notice was served under Section 41A CrPC by the investigating authorities to the Petitioner and the Petitioner duly participated in the investigation process. The charge sheet was filed and the said was also challenged before the Hon’ble High Court invoking the powers under Section 482 CrPC. The Petitioner also filed an application seeking interim relief and the learned judge granted him relief that the presence of the Petitioner shall be dispensed except when they are required for examination. Furthermore, the Petitioner left for Australia after the charge hearing. His Indian passport would expire by 16.01.2024 and in such circumstances, while staying in Australia he applied for renewal of the passport to the High Commission of India, and he received an email that as the criminal case is pending, he was to obtain an order from the Court seeking permission for renewal of passport. Thereafter, the application was filed under Section 6(2)(f) read with Section 10 of the Passports Act, 1967 before the learned trial Court seeking an order of the Court granting permission to him to seek renewal of his passport. However, the same was rejected. Aggrieved by this, the present criminal revision is filed.
Contentions of the Petitioner
The Petitioner submitted that the impugned order is referred to VISA and the application filed was with respect to the renewal of the passport. It was furthermore submitted that neither any restriction was imposed on the Petitioner from going to Australia nor Petitioner was granted bail subject to the condition that the Petitioner should not leave the country without the permission of the Court. Also, only after the charge hearing was over and as the examination of prosecution witnesses did not commence he left for Australia. At last, it was submitted that the petitioner is in Australia and to come to India there should be a minimum time span of six months before the expiry date of the passport, and unless his passport gets renewed, he could not travel back.
Observations of the court
The Hon’ble Court observed that a person whose passport is about to expire and who is involved in a criminal prosecution must acquire a No Objection Certificate from the appropriate court. A trial court must assess an application or petition as required by law after taking into account the relevant facts and circumstances of the case pending before it and pass appropriate orders.
The court noted that there exist no such facts which convinced it not to grant permission.
The court furthermore noted that whether to renew a passport or not is left with the authorities concerned and the authorities will consider it after receiving no objection certificate from the court.
Based on these considerations, the court set aside the impugned order.
The decision of the court
With the above direction, the court allowed the criminal revision.
Case Title: Raparla Nishanth V. Union Of India and Others
Coram: Hon’ble Mr. Justice Dr V R K Krupa Sagar
Case No.: CRIMINAL REVISION CASE NO: 181/2024
Advocate for the Petitioner: K A NARASIMHAM
Advocate for the Respondent: M UMA DEVI
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