An application for Permission of Renewal of Passport of the Accused

 

In the Court of the Learned Additional Chief Judicial Magistrate, 1^st Court, Baruipur, South 24 Parganas;

 

Ref.:         GR No. 469 of 2018

 

{Corresponding to Sonarpur Police Station Case No. 133 of 2018, dated 29-01-2018}

Under Section 186, 353, 332, 354B, 506, 509, & 34 IPC.

 

                                                          In the matter of ;

State of West Bengal, through Sonarpur Police Station;

 

-      Versus –

 

Dulal Chandra Naskar & Others;

                             ______Accused

 

An application for Permission of Renewal of Passport of the Accused no. 1, Dulal Chandra Naskar;

 

The humble petition of the above named accused no. 1, Dulal Chandra Naskar, most respectfully;

 

Showeth as under;

 

1.   That the accused no. 1, Dulal Chandra Naskar, is on bail and attend the Learned Court on each date fixed in the above referred Criminal Case. The Charge has been framed and one of the witnesses has been examined in the present Criminal Case, before the Learned Court.

 

2.   That the accused person applied for renewal of his Passport with the following details, before the Regional Passport Office, 4, Brabourn Road, Kolkata 700001;

 

(a) Name                         :         DULAL CHANDRA NASKAR

 

(b) Date of Birth             :         1^st November, 1968

 

(c) Father's Name            :         Late Lalit Mohan Naskar

 

(d) Mother's Name          :         Late Brihaspati Naskar

 

(e) Present Address         :         Dakshin Chhayani Para,

 Tegharia,  R.K. Pally, P.S.

Sonarpur, Kolkata – 700150,

District South 24 Parganas

 

(f) File No./ ARN No.       :         24-1010889703,

Date :13-09-2024

 

3.   That the accused person’s Passport No. M0484967, expired on 31/07/2024, which was issued on 01/08/2014, for the period of 10 (Ten) years. The accused person applied for renewal of his Passport on 13-09-2024, with the Passport Authority through Web Portal by submitting his Aadhar Card, Voter Card, & Passport.

 

The Server Copy of the said application for Renewal of Passport along with Aadhar Card, Voter Card & Passport, are annexed herewith and marked as Annexure – “A”.

 

4.   That the Passport Authority held enquiry for renewal of the Passport and found the present Criminal Case against the applicant of the Passport. As the applicant being the alleged accused person in the present criminal case submitted his case details before the Passport Authority Concern.

 

5.   That the Passport Authority being the Regional Passport Office, Kolkata, asked the applicant /accused person to furnish the permission from the Learned Trial Court in respect of the renewal of the passport during the pendency of the criminal case against him, by way of Letter dated being F. No. 2076936787924, dated 24/01/2025, issued by the Regional Passport Office, Kolkata. The said letter was issued with form of UNDERTAKING, and Gazette Notification.

 

The Letter dated being F. No. 2076936787924, dated 24/01/2025, issued by the Regional Passport Office, Kolkata, with form of UNDERTAKING, and Gazette Notification, are annexed herewith and marked as Annexure – “B”.

 

6.   That the provision of Section 6(2)(f) of the Passports Act, 1967, deals with refusal of Passport or Travel documents and provides that subject to the provisions of the Act, the Passport Authority shall refuse to issue a Passport or travel document to a person for visiting any foreign country on the ground that proceedings in respect of an offence are pending in a Criminal Court in India.

 

7.   That the Notification dated 25^th August’ 1993, which makes it clear that the Central Government decided to exempt citizens against whose proceedings are pending from travel restrictions in public interest. The conditions are with references to Section 6(2)(f) of the Act. Clause (d) of the Notification provides that the citizen shall give an undertaking in writing to the Passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the Passport so issued. Clause (a) makes it clear that Passports are to be issued to every citizen on the conditions provided in the Notification and include that the court may specify a period for which the Passport is to be issued.

 

The Photostat copy of the Notification dated 25^th August’ 1993, is annexed herewith and marked as Annexure – “C”.

 

8.   That the Government of India, through Ministry of External Affairs, vide Notification No. VI/401/1/5/2019, dated the 10^th October’ 2019, reiterated the provisions of the earlier Notification dated 25^th August’ 1993, in assailing the assistance to the citizen’s right to travel.

 

The Photostat copy of the said Notification being No. VI/401/1/5/2019, dated the 10^th October’ 2019, is annexed herewith and marked as Annexure – “D”.

 

9.   That the accused person is ready and willing to submit his undertaking in pursuing the Notification dated 25^th August’ 1993, issued by the Government of India, Ministry of External Affairs, and the subsequent Notification No. VI/401/1/5/2019, dated the 10^th October’ 2019, to the Passport Authority.

 

The Photostat copy of the UNDERATKING of the accused person is annexed herewith and marked as Annexure – “E”.

 

10.                That the Hon’ble High Court of Telangana at Hyderabad, in W.P. No. 2422 of 2024 {Sannith Reddy Mandhadi Versus The Union of India & another}, Judgment delivered on 26-02-2024, held that the Passport Authority cannot refuse the renewal of passport of the petitioner on the ground of the pendency of the criminal case against him.

 

The Server Copy of the Judgment dated 26/02/2024, passed in W.P. No. 2422 of 2024 {Sannith Reddy Mandhadi Versus The Union of India & another}, by the Hon’ble High Court of Telangana at Hyderabad, is annexed herewith and marked as Annexure – “F”.

 

 

 

 

11.                That the Hon’ble High Court of Judicature at Madras, vide its Judgement dated 28-03-2024, passed in W.P. No. 1190 of 2024, {Kartik P. Chidambaram – Versus – The Regional Passport Officer, Chennai}, reiterated the ratio laid down in  the Hon’ble High Court of Telangana at Hyderabad, in W.P. No. 2422 of 2024 {Sannith Reddy Mandhadi Versus The Union of India & another}, Judgment delivered on 26-02-2024, and held that the reason that the proposal to limit the period of passport is bereft of any reasoning, and therefore the Hon’ble High Court see no impediment fort the issuance of a passport with regular validity of 10 years and direct the Passport Authority to do so.

 

The Web Copy of Judgement dated 28-03-2024, passed in W.P. No. 1190 of 2024, {Kartik P. Chidambaram – Versus – The Regional Passport Officer, Chennai}, by the Hon’ble High Court of Judicature at Madras, is annexed herewith and marked as Annexure – “G”.

 

12.                That the accused person is in need for the Renewal of his Passport being the Travel Document to depart the Country for his business purposes and others. Therefore the accused person seeks permissions for Renewal of his Passport from the Learned Court.

 

13.                That unless the Learned Court grant such permission for Renewal of the Passport of the Accused Person, the Accused person will highly prejudice and suffer with irreparable loss and injury, thereof.

 

14.                That the preponderance of the balance of conveniences and inconveniences are in favour of the accused person and the State will not prejudice.

 

15.                That this application is made bonafide and in the interest of administration of Justice.

 

It is therefore prayed that your Honour would graciously be pleased to allow this application and to grant permissions to renew the passport of the accused person for a period of 10 (Ten) years, which has been applied by him under File No./ ARN No.  : 24-1010889703, Date :13-09-2024, with the Regional Passport Office, Kolkata, on the submissions of an Undertaking by him in pursuance of the Notification dated 25^th August’ 1993, in the interest of administration of Justice, and /or to pass such other necessary order or orders, as Your Honour may deem, fit, and proper for the end of Justice.

 

And for this act of kindness, the Petitioner as in duty bound shall ever pray.

 

 

 

VERIFICATION

 

I, Dulal Chandra Naskar, being the accused no.1, made this application for permission of Renewal of Passport. I am conversant and acquainted with the material facts as stated in the foregoing paragraphs of the application. I verify and sign this application on _____________2025, at the Baruipur Court Compound.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AFFIDAVIT

 

I, Dulal Chandra Naskar, Son of Late Lalit Mohan Naskar, aged about 56 years, by faith Hindu, by Occupation Business, residing at Village - Dakshin Chhayani Para, Tegharia,  Post Office - R.K. Pally, P.S. Sonarpur, Kolkata – 700150, District South 24 Parganas, do hereby solemnly affirm and says as follows;

 

1.   That I am the accused number 1, in the present Criminal Case before the Learned Court. I am acquainted and conversant with the material facts of the present Criminal Case pending before the Learned Court. I am competent to swear this affidavit.

 

2.   That the statements made in paragraph no. ____ to ____, are true to my knowledge and belief and the rests are my humble submissions before the Learned Court.

 

The statements are true to the best of my knowledge and belief.

 

 

 

 

 

DEPONENT

Identified by me,

 

 

Advocate

 

Prepared in my Chamber,

 

 

Advocate

Date : ____________2025;

Place : Baruipur;

 

N O T A R Y