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2025 DAILYLAW 10106 (RAJ)

MR YASH BHATNAGAR S/O SHRI KRISHNA GOPAL BHATNAGAR v. STATE OF RAJASTHAN

CRLMP/1405/2025 · 2025-03-27

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:14142] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1405/2025 Mr Yash Bhatnagar S/o Shri Krishna Gopal Bhatnagar, Aged About 49 Years, R/o Villa 74, Mahima Sansar Spring Villas Plot Gh2 Bilwas Maanpur Nangalya , Jaipur (Raj). ----Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Sankalp Sogani, Advocate For Respondent(s) : Mr. Jaiprakash Tiwari, Public Prosecutor HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/03/2025 : Instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred on behalf of the petitioner against the impugned order dt.19.02.2025 passed by the Court of ld. Additional Civil & Judicial Magistrate, No.6, Jaipur Metropolitan-I, Jaipur, in Criminal Case No.189/2021 arising out of F.I.R. No.327/2021 registered at Police Station Shyam Nagar, Jaipur for offences under Sections 279, 337 & 338 of I.P.C., whereby the application seeking permission for renewal of the passport bearing No.Z3132302 was partly allowed & the permission for renewal of the passport was granted for one year while imposing conditions. In the present case, the petitioner had filed an application seeking permission for renewal of the passport bearing No.Z3132302 for a period of ten-years before ld. Trial Court. The said Court has partly allowed the application & granted permission for renewal of passport only for one year while imposing conditions. The petitioner is under trial in proceedings arising out of aforesaid F.I.R. The ld. Trial Court has [2025:RJ-JP:14142] (2 of 3) [CRLMP-1405/2025] framed charges against the petitioner. The matter has been pending since 2021 & the conclusion of trial will take a long time. Learned counsel appearing for the petitioner submits that the petitioner is a businessman and he has to travel abroad on a frequent basis. The ld. Trial Court, vide its order dt.19.02.2025 though allowed the application but the validity of the passport was granted only for one year subject to certain conditions. Counsel further submits that the pendency of the criminal case shall not be treated as an impediment to such renewal nor shall it be used as a ground to deny or delay the renew of the passport. Therefore, it is prayed that the petition may be allowed & the impugned order be modified/set aside while granting the validity of the passport for a period of ten-years. Eventually, the passport of the petitioner has been directed to be renewed by the ld. Trial Court vide its order dated 19.02.2025 but with a validity of only one year. Dissatisfied, the petitioner has once again approached this Court, seeking the renew of passport with the full ten-years validity as stipulated under the Passport Rules, 1980. Heard. Perused. Requiring the petitioner to frequently renew his passport every year not only places an undue burden on him but also on judicial and administrative resources, leading to unnecessary litigation and wastage of public funds and time. As regards the pendency proceedings against the petitioner, the issuance of a ten-years passport will not impede the ongoing criminal proceedings in any way. The petitioner has demonstrated his commitment to attend the Court hearings and comply with all Court directives. Proper conditions can be imposed to ensure his appearance, such as requiring prior Court permission for international travel. [2025:RJ-JP:14142] (3 of 3) [CRLMP-1405/2025] Accordingly, the present petition stands allowed. The impugned order dt.19.02.2025 is quashed & set aside to the extent of granting permission for renewal of the passport to the petitioner only for a period of one year. The permission, as sought for renewal of the passport bearing No.Z3132302 is, hereby, granted to the petitioner. The passport authority is directed to renew the passport of the petitioner with the standard ten-years validity. However, it is made clear that the petitioner shall be bound to comply with the other conditions imposed, if any, imposed by ld. Trial Court vide its order dt. 19.02.2025. Pending application, if any, also stands disposed of. (VINOD KUMAR BHARWANI),J ASHOK