Ankush Mehta versus State of H.P. and others Cr.MP No.1246 of 2025 in Cr.MMO No.215 of 2024 [disposed of matter] 11.04.2025 Present: Mr. Vinod Sharma and Ms. Mamta, Advocates, for the applicant/petitioner. Mr. Shalabh Thakur, Assistant Advocate General for respondent No.1-State. Mr. Balram Sharma, Deputy Solicitor General of India [Senior Advocate] with Mr. Rajeev Sharma, Advocate, for respondents No. 2 and 3. Applicant-Ankush Mehta has filed the instant application under Section 528 of Bhartiya Nagrik Surksha Sanhita (BNSS), 2023 seeking modification of order dated 24.05.2024, passed by this Court, to the extent that the passport of applicant [Ankush Mehta] be extended/renewed for further of one more year w.e.f. 2.7.2025. CLAIM IN EARLIER ROUND OF LITIGATION [CR.MMO 215 OF 2024 & CR.MP 1017 OF 2024, DECIDED ON 24.5.2024] 2. Precisely, the factual matrix, is that petitioner-Ankush Mehta was involved in FIR No. 186 of 2012, dated 2.11.2012, under Section 447 and 143 of Indian Penal Code and Section 32 and 33 of the Indian Forest Act, registered at Police Station Rampur Bushehr, District Shimla (HP). 3. Petitioner filed a petition under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.186 of 2012. During the pendency of this petition, an application i.e. Cr.M.P No.1017 of 2024 was filed for renewal of his passport, so as to enable him to go abroad to earn his livelihood. The above Cr.MMO No.215 of 2024, and the application i.e. Cr.MP No.1017 of 2024, titled Ankush Mehta @ Rinku versus State of Himachal Pradesh were decided by this Court on 24.05.2024. The operative part of the order reads as under: In the entirety of the facts and circumstances and the discussion made hereinabove, the instant application Cr.MMO No.215 of 2024 [qua prayer (b) therein] and the Cr.MP No.1017 of 2024 is allowed; and the Respondents No.2 and 3, including Passports Authority, Shimla is directed to renew the passport of the petitioner herein, in accordance with law expeditiously [without taking into account the pendency of FIR- criminal case]. Let the entire process be completed by Respondents within three weeks, from the receipt of certified copy/downloaded copy of the judgment from official website of this Court, subject to observance of the following conditions, by the petitioner : (i) Petitioner shall furnish a personal bond amounting to Rs.75,000/- with one local surety in like amount to the satisfaction of Trial Court concerned, before proceeding abroad, after renewal of his passport; (ii) Petitioner shall disclose his functional E- mail Id and that of his surety to the Trial Court, within one week of his reaching abroad; (iii) Petitioner shall furnish his office/ residential address within a week of his reaching abroad; (iv) Petitioner shall furnish the change in E-mail Id or Address to the Trial Court concerned as in (ii) & (iii) above; (v) Trial Court shall inform the petitioner and surety of the date of hearing(s) on his E-mail Id’s from time to time; (vi) Petitioner may be permitted to join the trial, through Video Conferencing, through permissible mode(s) or any such other appropriate manner and/or through his Learned Counsel, except, in case, his presence in person, is required by the Trial Court; (vii) In case, the petitioner involves himself in any criminal offence or abets the commission of offence in India then, this concession here-inabove shall cease automatically. In aforesaid terms, the instant application shall stand disposed of. Cr.MMO No.215/2024 At this stage, Mr. Vinod Sharma, Learned Counsel for the petitioner states that he may be permitted, at this stage, to withdraw the instant petition qua prayer (a) [for quashing of FIR and consequential proceedings] with liberty to file a fresh petition at any subsequent stage, hereinafter, if so desires. The prayer being innocuous is not opposed by the Respondents and therefore, the petitioner is permitted to withdraw [prayer (a) in Cr.MMO No.215/2024], at this stage, with liberty, as aforesaid. In aforesaid terms, the instant petition [Cr.MMO No.215 of 2024], so far as it relates to prayer (b) and the Cr.MP No.1017/2024 is allowed; and all pending application(s) shall stand disposed of. CLAIM IN INSTANT APPLICATIONS [CR.M.P. NO. 1246 OF 2025]: 4. In instant application, the petitioner is seeking modification of the order dated 24.5.2024, on the ground, that in compliance to the judgment passed by this Court on 24.5.2024, the passport of the petitioner stands renewed w.e.f. 3.7.2024 till 2.7.2025. It is the case of the petitioner that Immigration Department in Canada has granted work permit to the petitioner from 09.02.2024 to 09.02.2026, which is borne out from Annexure A-1, [colly]. It is further pointed out that based on the work permit granted by Immigration Department of Canada, petitioner has also booked the flight tickets, which stand confirmed, showing the departure of the petitioner on 22.4.2025. The application is supported by an affidavit. In the above background, petitioner has prayed for extension of renewal of passport by one more year w.e.f. 2.7.2025 i.e. to 02.07.2026. 5. Upon listing of this application and issuance of notice, the State-Authorities, have not chosen to file any reply, probably for the reason, that the factum of issuance of passport, is a matter which exclusively lies within the domain of the passport authorities, except in case, incriminating circumstances exists against the petitioner. Based on this, no such incriminating circumstances has been pointed out by the State-Authorities, either by way of filing reply-affidavit or by furnishing Instructions in the matter. 6. So far as the non-applicant(s)/passport authorities are concerned, a short reply-affidavit dated 7.4.2025, has been filed which nowhere denies the non grant of renewal i.e. for further period of one year from 02.07.2025 to 02.07.2026, as prayed for, in the application. Even, Mr. Balram Sharma, Learned Deputy Solicitor General of India, appeard for the Non-applicant-Passport Authorities submits that though in Para 1 of the short reply-affidavit, it is stated that if found necessary, Respondent may file further reply. However, he states at the bar that no reply is intended to be filed, in fact-situation of instant case. 7. Taking into account the entirety of the facts and circumstances and the reasons detailed in Para 11 of the Judgment dated 24.5.2024; and the fact that nothing adverse has been pointed out by non-applicants, so as to oppose this application. Moreover, the right to seek renewal of passport and the right to travel abroad for earning livelihood is a basic human right; therefore, the prayer of the petitioner for renewal of passport for a period of one year from 2.7.2025 upto 02.07.2026 has merit, in absence of any cogent and convincing reasons and material on record, to assert the denial of prayer in instant case. Accordingly, the application is allowed and the non-applicants, including passport authorities are directed to renew the passport of petitioner for one more year from 2.7.2025 to 2.7.2026, at this stage. 8. However, it is made clear, that the conditions imposed by this Court, in terms of Para 13 of the judgment dated 24.05.2024, shall also form part of instant modified order. 9. Let entire process be completed and the passport authorities shall file the Compliance Affidavit on or before 19.05.2025; before Registrar [Judicial] of this Court, in view of the fact, that this Court shall have vacations/holidays from 12.04.2025 to 20.04.2025 and the petitioner is to proceed abroad on 22.04.2025. 11th April, 2025 (Ranjan Sharma) [himani] Judge