Richa Agrawal vs Union Of India

Ashok Kumar Gaur, J

The grievance raised in the present writ petition is for releasing the passport bearing No. Z5539502 surrendered by the petitioner on 28.10.2019 at

Regional passport office, Jaipur.

This court had asked the counsel for the petitioner to serve copy of the writ petition to Mr. R.D. Rastogi, ASG on 14.11.2019. Mr. Rastogi, ASG

appears today and sought some reasonable time to file reply to the writ petition.

Counsel for the petitioner submitted that there is an urgency in the matter as the petitioner has to travel abroad to attend marriage of her brother at

Sharjah, UAE. Counsel submitted that the marriage of brother of petitioner is scheduled on 20.11.2019 and petitioner has to leave on 18.11.2019 and

she will return on 24.11.2019. Counsel also submitted that the petitioner came to be convicted in the criminal case registered under Secs. 279, 337 and

338 IPC and the criminal court decided the case no. 299/2019 vide order dated 19.10.2019 and the petitioner though was found guilty, however, she

was granted benefit under Sec. 4(1) of the Probation of Offenders Act and was let off by furnishing the bonds as per Sec. 5 of the Probation of

Offenders Act.

Counsel submitted that the court while passing the said order had also granted benefit of Sec. 12 of the Probation of Offenders Act and observed

that the conviction of petitioner will not affect the other rights including the issuance and renewal of passport. Counsel further submitted that the

petitioner is not involved in any other case and if her passport is not returned to her for enabling her to go abroad to attend the marriage of brother of

the petitioner, the petitioner will be deprived of her rights. Counsel also submitted that the offence said to be committed by the petitioner, infact does

not make her ineligible for getting her passport renewed. Counsel submitted that as per provisions of Sec. 6(2)e of the Passport Act, 1967, the

petitioner has not been convicted for an offence involving moral turpitude and she has not been sentenced to imprisonment. Counsel also places

reliance on an order passed in SBCW Pet. No. 17493/2015 (Pradeep Surana v. Passport Officer).

Mr. R.D. Rastogi, ASG submitted that the department has not committed any illegality in asking the petitioner to surrender her passport and further

since the petitioner has been convicted by competent criminal court, and the authorities are within their domain to refuse to issue passport. Counsel

submitted that the petitioner has also not placed on record the complete details of the marriage which is said to be scheduled on 20.11.2019 for which

the petitioner intends to go abroad.

I have heard learned counsel for the parties.

This court finds that the petitioner while convicted by the criminal court, also made an observation that issuance/renewal of passport will not be

affected by virtue of conviction by order dated 19.10.2019. Prima facie this court finds that the petitioner is not involved in such a criminal case which

could deprive her for getting her passport renewed. This court without commenting on the merits of the case and keeping in mind the order passed in

the case of Pradeep Surana (Supra), deems it proper to direct the respondents to issue the passport to the petitioner for short duration as per Sec. 7

of the Passport Act, 1967. The petitioner will be allowed to travel abroad from 18.11.2019 to 24.11.2019 and immediately after return from Sharjah,

UAE she will surrender her passport bearing No. Z5539502 before the Regional Passport Officer, Jaipur. The order of this court may also be

communicated by the Addl. Advocate General for compliance as the petitioner has to travel on 18.11.2019. This court also makes it clear that the

passport Officer will also ensure that the petitioner is not involved in any case which may make her ineligible for her passport renewal. The petitioner

would also file undertaking before the Officer concerned wherein she will specifically narrate the date and duration of journey and her undertaking to

return back the passport.

Mr. R.D. Rastogi, ASG shall file reply within two weeks.

List the case after two weeks.