Rajasthan High Court - Jodhpur
Rajendra vs State on 25 April, 2017
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 1054 / 2017
Rajendra Karnani S/o Sh. Babulal Maheshwari,, Aged About 50
Years, Resident of C/o Balveer Singh Gehlot, Opp. Khet Singhji-
Ka- Bangla, Paota Polo, Jodhpur (Raj.)
----Petitioner
Versus
State of Rajasthan
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. MR Suther.
For Respondent(s) : Mr. VS Rajpurohit, PP for the State.
_____________________________________________________
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 25/04/2017 The petitioner has preferred this misc. petition under Section 482 CrPC against the order dated 9.02.2017 (wrongly mentioned as 9.02.2016 in the order) passed by Additional Sessions Judge No.2, Jodhpur Metropolitan, in Criminal Appeal No.8/2015 whereby he has rejected the application filed by the petitioner for issuing no objection certificate for renewal of passport.
Counsel for the petitioner states that the passport office deprived him of the renewal of his passport.
Learned Public Prosecutor has pointed out from the impugned order that the learned court below has recorded the conviction of the petitioner under Section 497 of IPC punishable with three years of rigorous imprisonment along with a fine of Rs.10,000/-. It is also been observed in the impugned order that such NOC could not have been granted by the Police in the present (2 of 2) [CRLMP-1054/2017] circumstances as Passport Act 1967 in its Section 5 sub Section 2
(c), Section 6 sub Section 2 (e) (f) and Section 10 sub Section 3 does not provide for nay procedure for issuance of any kind of NOC by the learned court below.
After hearing the parties, this Court does not find any illegality in the impugned order in light of the provisions as contained in the Passport Act and as also the fact that the petitioner has been convicted under Section 497 of IPC under the learned court below.
Consequently, the present misc. petition is dismissed. However, petitioner shall be at liberty to approach the Passport Authority who shall consider his request strictly in accordance with law.
(DR. PUSHPENDRA SINGH BHATI)J. Ck mishra