The discretiontorenewpassport lieswithpassportauthorities 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 ofthepassport,thedismissalofhisapplication ontheground that it is pre-mature ought not to have been done.
"Thediscretiontorenew/issuethepassportlieswithin therealm ofthepassportauthoritiesunderthePassportAct andassuch thetrialcourtoughttohaveissuedno objection quathe renewal/issuanceofthepassport," District and Sessions Judge Yogesh Khanna said.
The police, had however, opposed issuance of a renewed passport to him while submitting thathe was facingtrial undersection376 (rape) of theIPC, hence,aconditionbe imposedthatheshouldnotleavethe countrywithoutinforming thecourt.
The court noted the submission of the counsel for the accused that the man had already secured an unconditional bailand "this court cannot lookintosuchpleas".
The sessions judge said, "Considering the facts and circumstances, the revision petition isallowed. Thetrial courttoissuea'noobjection' for therenewal/issuanceof thepassportofthepetitionerand ifcourtinitswisdom thinksitproperthatsuchacondition oughtbeimposed,I leaveittothetrialcourt.
