The sessions court allowed the revision petition of the man, a doctor by profession, and set aside the magisterial court order which had dismissed his application for renewal of passport.
New Delhi:
The discretion to renew passport lies with passport authorities and the trial court should not have objected to it, a sessions court has said while allowing the plea of a rape accused seeking renewal of his expired passport.
The sessions court allowed the revision petition of the man, a doctor by profession, and set aside the magisterial court order which had dismissed his application for renewal of passport.
"Since the petitioner has only sought for renewal/issuance of the passport, the dismissal of his application on the ground that it is pre-mature ought not to have been done," District and Sessions Judge Yogesh Khanna said.
"The discretion to renew/issue the passport lies within the realm of the passport authorities under the Passport Act and as such the trial court ought to have issued no objection qua the renewal/issuance of the passport," the judge said.
The police, had however, opposed issuance of a renewed passport to him while submitting that he was facing trial under section 376 (rape) of the Indian Penal Code (IPC), hence, a condition be imposed that he should not leave the country without informing the court.
The court noted the submission of the counsel for the accused that the man had already secured an unconditional bail and "this court cannot look into such pleas".
The sessions judge said, "Considering the facts and circumstances, the revision petition is allowed. The trial court to issue a 'no objection' for the renewal/issuance of the passport of the petitioner and if court in its wisdom thinks it proper that such a condition ought be imposed, I leave it to the trial court."
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
The sessions court allowed the revision petition of the man, a doctor by profession, and set aside the magisterial court order which had dismissed his application for renewal of passport.
"Since the petitioner has only sought for renewal/issuance of the passport, the dismissal of his application on the ground that it is pre-mature ought not to have been done," District and Sessions Judge Yogesh Khanna said.
"The discretion to renew/issue the passport lies within the realm of the passport authorities under the Passport Act and as such the trial court ought to have issued no objection qua the renewal/issuance of the passport," the judge said.
The police, had however, opposed issuance of a renewed passport to him while submitting that he was facing trial under section 376 (rape) of the Indian Penal Code (IPC), hence, a condition be imposed that he should not leave the country without informing the court.
The court noted the submission of the counsel for the accused that the man had already secured an unconditional bail and "this court cannot look into such pleas".
The sessions judge said, "Considering the facts and circumstances, the revision petition is allowed. The trial court to issue a 'no objection' for the renewal/issuance of the passport of the petitioner and if court in its wisdom thinks it proper that such a condition ought be imposed, I leave it to the trial court."
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
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