section -  341/323/504/506 section - 341/323/504/506

9 months ago

there is a pending case on me under sections - 341,323,504 and 506. My Passport got expired.
In order to get a new job I need the passport to be renewed. How the pending case will effect the passport renewal process

Anik

Responded 9 months ago

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A.Hello,
The government has the power to deny or revoke a passport on reasonable grounds, such as in cases where an individual is involved in criminal activities. However, a mere pendency of a criminal case or a proceeding cannot be considered the only reason to deny the request to obtain or renew a passport/visa application. In such cases, the concerned court having jurisdiction may exercise the discretion to grant permission by scrutinizing and analyzing all other correlated matters in deciding on the litigation of the applicant in the broad spectrum of areas of justice and law.

In a recent order, the Bombay HC directed the passport authorities not to reject a man's passport renewal application merely because of the pendency of criminal proceedings against him, observing that mere pendency of proceedings is not sufficient to deny him the right to renew his passport.

The court further observedin light of the facts of the case, that merely because the offense under Sections 406, 420, 120(b) read with 34 of IPC is pending against the applicant, the said fact by itself is not sufficient to deny the right of the applicant for renewal of the passport.
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