Quashed

Amogh Mund v. State of Odisha

Orissa HC9 Dec 2021CRLMC/848/2021

Case brief

AI extract

What is this about?

The High Court quashed the lower court's order rejecting the petitioner's application for passport renewal under Section 482 Cr.P.C. The court held that renewal does not equal permission to travel abroad if a visa undertaking is filed, allowing the renewal pending future travel permission.

What did the court decide?

The impugned order was quashed and the lower court was directed to grant permission for passport renewal subject to an undertaking regarding foreign travel.

Amogh Mund Vs State of Odisha — Civil Procedure and Limitation | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLMC No. 848 of 2021

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Amogh Mund

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…. Petitioner

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Mr. M.K. Pati, Advocate.

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Versus -

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State of Odisha

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…. Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

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CORAM:

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JUSTICE SASHIKANTA MISHRA

ORDER_

09.12.2021

Order No. 04.

This matter is taken up through hybrid mode.

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The petitioner in the present application filed under Section 482 Cr.P.C. seeks to challenge the order dated 13.12.2019 passed by learned J.M.F.C., Bhawanipatna in C.T. Case No.569 of 2017, whereby, the petition filed by the petitioner to renew his passport was rejected.

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The facts of the case are that the petitioner is an accused in the aforenoted case for the alleged commission of offence under Section 498A/323/294/506/427 of IPC instituted at the instance of his wife. Other proceedings such as, one under Section 12 of PWDV Act vide CMC No. 36 of 2017 and Criminal Proceeding No. 41/2017 under Section 125 of Cr.P.C. are also pending against the petitioner before different courts. The petitioner was issued with a passport bearing No. EO159262 by the authorities, which expired on

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01.11.2011. He thereafter filed a petition before the court below seeking permission to renew the said passport in view of circular issued by the Ministry of External Affairs CPV Division dated 21.08.2014, which requires permission of the court in which any proceeding involving the petitioner is pending. Learned court below after considering the facts and circumstances of the case held that if the accused is allowed to renew the passport there is every possibility that he might try to abscond and flee from justice and his attendance cannot be procured further in the pending proceeding against him. On such ground as also on the ground of delay in seeking renewal of the passport, learned court below rejected the petition vide the impugned order.

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Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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Circular dated 21^st August, 2014, issued by the Ministry of External Affairs, Government of India which is enclosed as part of Annexure-1 series, provides as under:

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“Whenever any applicant against whom proceedings before a criminal court are pending approaches any Passport Issuing Authority for the passport services, a copy of Gazette notification and proforma undertaking can be given to him/her with a covering letter directing him/her to fulfil the requirements prescribed in the Gazette notification. On submission of the same, his/her passport application may be processed and passport may be issued as per the provisions of the GSR 570 (E) and the contents of the

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court order. Needless to mention that the other documents/requirements as applicable to other passport applicants are also required to be sought.”

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(Emphasis supplied)

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It is therefore, clear that for any passport services which obviously include renewal, the permission of the Court is required to be obtained. Now the question is whether renewal of a passport automatically implies a permission to visit any foreign country. The answer can only be in negative, inasmuch as in order to visit a foreign country a VISA is also required along with passport. It is stated at the bar that even for obtaining VISA, the same provision is applicable i.e., of obtaining permission from the Court concerned.

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In such view of the mater, mere renewal of the passport cannot mean grant of permission to the person concerned to go out of the country. It is submitted by learned counsel for the petitioner on instructions that the petitioner has no plans to visit any foreign country but had simply sought renewal, since the passport had expired since long.

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Mr. S.K. Mishra, learned Addl. Standing Counsel fairly submits that renewal of a passport cannot be equated with permission to visit a foreign country as other permission including VISA is required therefor. It is further submitted that the petitioner should file an undertaking before the Court that he is seeking renewal of the passport not to visit any

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foreign country during pendency of the criminal proceeding and that in case he is required to do so, he shall obtain prior permission of the Court.

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Having regard to the submissions made above and the requirement as per the circular referred to above, this Court is inclined to allow the prayer of the petitioner. The impugned order is therefore, quashed. Learned Court below is directed to grant necessary permission to the petitioner for renewal of his passport as prayed for subject however, to an undertaking being filed by the petitioner that he will seek permission of the Court in case he desires to visit any foreign country.

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With these observations, CRLMC is disposed of
accordingly.
11. Issue urgent certified copy as per rules.
( Sashikanta Mishra)
Judge

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A.K. Rana

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Amogh Mund v. State of Odisha

Case brief

What is this about?

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Amogh Mund v. State of Odisha

Case brief

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