Ritesh Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3677 MP

The High Court Of Madhya Pradesh CRA No. 3157 of 2019 (RITESH VISHWAKARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 15-03-2022 Shri R.K. Raghuvanshi, learned counsel for appellants.

Shri Ayush Bajpai, learned Govt. Advocate for State. Appellant No.2 - Tikka @ Sabnam Singh Yadav filed an application I.A. No.4151/2022 seeking direction to the Passport Issuing Authority to allow the application filed by appellant No.2 seeking issuance of passport.

The reason shown in the I.A. No.4151/2022 is that the appellant No.2 wishes

to visit Thailand for the period of three to five months.

By referring to the bar contained in Section 6(2)(f) of the Passports Act, 1967, it is submitted that the application for issuance of passport is not being accepted by the Passport Issuing Authority.

Considering the aforesaid provisions and subsequent notification dated 25.08.1993 issued by the Ministry of External Affairs where applicants who are facing criminal prosecution are exempted from the rigors of Section 6(2)(f) of the Passports Act, 1967 when permission is granted by the Court, this Court is of the considered view that looking to the gravity of the offence for which the appellant

No.2 has been convicted by the impugned judgment and the present appeal having been entertained by this Court and the impugned sentence having been suspended by the order of this Court dated 10.04.2019, I.A. No.4151/2022 is allowed to the extent of directing the Passport Issuing Authority that the bar contained in Section 6(2)(f) of the Passports Act, 1967 shall not come in the way of the appellant No.2 while processing his application for issuance of passport subject to compliance of all other legal prerequisites.

                                       (SHEEL NAGU)                                             (MANINDER S BHATTI)
                                           JUDGE                                                      JUDGE

                                    Biswal



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Date: 2022.03.16 14:42:48 IST