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TMI Blog2018 (4) TMI 1920X X X X Extracts X X X X X X X X Extracts X X X X ..... re it was held that It is clear that unless the Judicial Magistrate takes cognizance of the offence, on filing of charge-sheet on completion of investigation against the applicant, it cannot be said that the proceedings are pending before the Criminal Court. Therefore, the 3rd respondent cannot mechanically refuse to issue passport to the petitioners, merely for the reasons that the FIRs are pending against the petitioners. On receipt of the application for passport, the 3rd respondent shall consider the same and pass appropriate orders. This Court is of the view that it will serve the interest of justice, if 'no objection' is granted to the petitioners for renewal of their passports - In view of the no objection granted by this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... them advising them to obtain permission/No Objection Certificate from the competent Court. Therefore, Ashok Giri filed Crl.M.P.No.1021 of 2018 and Rekha Ashok filed Crl.M.P.No.1020 of 2018 before the trial Court, in which they have made a very bizarre prayer. The learned Magistrate, by the impugned orders dated 13.03.2018, has dismissed the two petitions, aggrieved by which, they are before this Court. 2. Heard Mr.N.L.Rajah and Mr.S.Ananthanarayanan, learned Senior Counsel appearing on behalf of the learned counsel on record for the petitioners, Mrs.Kritika Kamal.P., learned Government Advocate (Crl.Side) for R1, Mr.J.Madana Gopal Rao, learned Senior Standing Counsel for R2 and Mr.K.Swamidoss Manokaran, learned counsel for R3. 3. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s.966 and 967 of 2011 and E-1 Mylapore Police Station Cr.No.1994 of 2012. Therefore, he submitted that Ashok Giri ought to have disclosed the pendency of these criminal cases also in his passport renewal application. 5. Per contra, Mr.N.L.Rajah, learned Senior Counsel for Ashok Giri submitted that the pendency of FIR cannot be construed as pendency of criminal case within the meaning of Section 6(2)(f) of the Passports Act. In support of this submission, he placed reliance upon the judgment of this Court in W.Jaihar William (supra). The proceedings in a criminal case in the context of Section 6(2)(f) of the Passports Act, is said to begin only in terms of Chapter XIV of the Code of Criminal Procedure - Conditions requisite for initiation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the passport, Ashok Giri and Rekha Ashok had gone abroad several times and have returned. Their passports were not directed to be submitted to the trial Court as a bail condition. Since their passports had expired, they had to seek renewal of the same and in those circumstances, Ashok Giri disclosed the pendency of the case in C.C.No.7185 of 2017. 8. Taking into consideration the facts and circumstances of the case, this Court is of the view that it will serve the interest of justice, if 'no objection' is granted to the petitioners for renewal of their passports. 9. In view of the no objection granted by this Court, it is open to the passport authorities to renew the passports of the petitioners in accordance with the Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that I shall not be travelling to this Hon'ble Court. 4. I, therefore, most humbly and respectfully pray that this Hon'ble Court may be pleased to accept my affidavit and direct the passport authority to renew/issuance of my passport.... 12. In view of the above, the passport authority is directed to renew/issue the passport in terms of clause (a)(i) of the Notification dated 25.08.1993 for a period of three years on the applications that are already pending with the passport authorities. It is made clear that in compliance with the undertaking given by Ashok Giri, he shall return to India within two months from the date of travel. These petitions stand allowed in the above terms. - - TaxTMI - TMITax - Indian Law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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