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 in these proceedings itself instead of relegating him go before appellate court.
Para No- 5: In this
view of the matter, the respondent is directed to re-issue the passport
to the petitioner based on the petition mentioned application within a
period of 4 weeks subject to the fulfillment of other formalities.
Accordingly writ petition allowed.
I attached the order copy herewith,
thank you
R. Karunanidhi
advocate
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