Section 9 -- Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(n), 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Renewal of passport – FIR pending against petitioner -- NOC from Trial Court -- As per condition to appear in exam, the candidates must bring to the appointment a valid, non-expired passport meeting specific country issuance criteria -- Application declined by ASJ – Court concerned is competent to grant the NOC – Held, Ld. Additional Sessions Judge has fallen in error in declining the request made by the petitioner – ASJ would take into consideration the submissions made by the parties and decide his application afresh -- Renewal of the passport at this stage is only for the purpose of requirement of the petitioner to appear in the said exam -- However, the same would not be deemed to the grant of permission to the petitioner to travel abroad -- Petition disposed of.

(P&H HC) Decided on: 02.06.2022

Section 10 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82 – Constitution of India, Article 21 -- Cheque bounce case -- Proclaimed Person – Released on bail – Impounding of passport – Legality of – Petitioner appeared before the Judicial Magistrate, she was granted bail and, thus, the proclamation order ceased to be operative -- Said fact was well within the knowledge of respondent-Regional Passport Office -- Moreover, in a bailable offence, no condition can be imposed by the Court regarding surrender of the passport -- Fundamental Rights of the petitioner breached -- Hence, the impugned action is highly deprecated -- Petition allowed with a costs of Rs.1.00 lakh to be paid by respondent-RPO to the petitioner -- Respondent-RPO directed to release the passport of the petitioner within 15 days.

(P&H HC) Decided on: 26.08.2020