High Court of Judicature at Allahabad
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Swami Dr. Ram Kamal Das Vedanti v. The Union Of India And Another - WRIT - C No. 30554 of 2006  RD-AH 10532 (26 May 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This Writ Petition has been filed raising the grievance that the petitioner who is a well recognised Sant is facing a criminal trial in the Court of Chief Judicial Magistrate, Varanasi under the provisions of Sections 147, 148, 354, 323, 504, 506, 427 & 120B IPC. and though his passport expired on 15th June, 2005 and he made an application for renewal of the same but the respondents are not considering the application for renewal because of the pendency of the criminal case.
Dr. Ashok Nigam, learned Additional Solicitor General has submitted that in view of the provisions of Section 6(2) of the Passport Act, 1967 and under the fact situation when the applicant is facing the criminal trial, passport can be issued/renewed provided that the Court before whom the case is pending, grants such permission and in that event the terms and conditions imposed by such Court will be endorsed in the passport itself. Thus, in view of the above, we dispose of the Writ Petition with the following directions :-
1. In case the petitioner moves a fresh application before the learned Chief Judicial Magistrate, Varanasi for renewal of passport, his application shall be considered in accordance with law expeditiously by passing an appropriate order. It will be open to the said Court to impose any terms and conditions if it comes to the conclusion that such permission can be granted.
2. In case the such permission is granted by the Chief Judicial Magistrate, Varanasi, the respondents shall consider the application for renewal of the passport on the terms and conditions, if any, imposed by the Chief Judicial Magistrate, Varanasi and the passport may be renewed provided all other conditions are satisfied and the copy of the same shall be furnished to the petitioner expeditiously.
Sri S.K. Rai appeard for the respondent no.2.
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