PASSPORT ISSUE - WHEN CRIMINAL APPEAL CASE IS PENDING
A landmark interpretation in the matter of Issuing Passport ---given by Hon'ble Justice G.R.Swaminathan . J . Hon'ble Justice G. R. Swaminathan .J held that Pending criminal appeal filed by State after acquittal is not bar to issue Passport in --- WP(MD) 2835 OF 2019 DATED 15.02.2019. Further Held that High Court has jurisdiction to deal the same rather sending to the concerned court. Para No- 4. I am of the view that the applicant for issuance of a passport should be relegated to move the criminal court in question only if the prosecution is still actively pending. in the present case, admittedly the writ petition has been acquitted. What is pending is only an appeal against acquittal . If the applicant was convicted for an offences and he had filed an appeal questioning his conviction and sentence, then the applicant obiviously go before the concerned court. Since the applicant had been acquitted , I am of the view this court can grant relief ...