IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.1049/2024 Date of Decision: 06th January, 2025. Nikesh Kumar .....Petitioner Versus State of Himachal Pradesh and Ors. …..Respondents. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Prashant Chauhan, Advocate. For the Respondents: Mr. B.N. Sharma, Addl. Advocate General, for respondent No.1/State. Mr. Balram Sharma, Deputy Solicitor General of India, for respondents No.2 and 3. Bipin Chander Negi, Judge (oral). Present petition has been filed for quashing of orders dated 12.10.2023 and 18.09.024 passed in Cr.MA No.293 of 2023 and Cr. MA No.257 of 2024, respectively, passed by the learned Addl. Chief Judicial Magistrate, Rampur Bushahr, District Shimla, HP. 2. Heard counsel for the parties and perused the pleadings appended along with the present petition. 3. A FIR bearing No.15 of 2015, under Sections 341, 323, 147, 149, 504 and 427 of the IPC was registered at Police Station Kumarsain, District Shimla, HP. Further proceedings qua the same are pending adjudication before the Additional Chief Judicial Magistrate, Shimla, HP. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 4. The Passport Authority of India had issued a passport in favour of the petitioner on 27.07.2009. The said passport was valid upto 26.07.2019. In the aforesaid facts and attending circumstances, an application was filed before the Additional Chief Judicial Magistrate, Rampur, Bushahr, District Shimla, HP by the present petitioner seeking renewal of passport. 5. The aforesaid application so filed was dismissed vide impugned order dated 12.10.2023. While dismissing the application filed for renewal of passport, it was observed by the trial Court that the present petitioner had been enlarged on bail on 26.08.2015 and while enlarging the petitioner on bail, there was no condition imposed in the bail regarding deposit of passport or that the passport be not renewed. In view thereof, trial Court held that there was no necessity for the petitioner to file an application or renewal of passport before the trial Court. 6. Besides the aforesaid, it was observed in the impugned order dated 12.10.2023 that renewal of passport is matter concerned to the Passport Authority and the issue has to be answered by the said authority in terms of Rules and Regulations prescribed in this regard. 7. In light of the aforesaid, trial Court was of the view that there is no necessity to file the present application. Subsequent to the aforesaid dismissal, yet another application for renewal of passport was filed by the present petitioner. The same was dismissed vide order dated 18.09.2022. In the subsequent 3 application so filed for renewal of passport, reliance was placed by the present petitioner on a Notification dated 25.08.1993 issued by the Ministry of External Affairs. In terms thereof, the persons against whom criminal cases are pending in Courts in India can apply for renewal of passport, providing that they obtain requisite necessary orders in this respect from the Court concerned. 8. The subsequent application filed by the petitioner by placing a reliance on Notificatio;n dated 25.08.1993 was also dismissed by the trial Court for the reason that such a plea though available on a previous occasion i.e.. when the previous order dismissing application for renewal had been passed on 12.10.2023 having not taken the present petition is not maintainable as according to the learned trial Court, the previous order dated 12.10.2023, should have been assailed before a higher Court. 9. Notification dated 25.08.1993, in the case at hand, requires a person, who has a case pending in a criminal Court in India to obtain requisite necessary appropriate orders from the Court in which criminal case is pending against the petitioner. 10. In view of the procedure prescribed in Notification dated 25.08.1933, petitioner is permitted to approach the trial Court, wherein the criminal cases pending against him and seek appropriate necessary order. In view thereof, order dated 18.09.2024 and 12.10.2023 are quashed and set aside. 4 Petitioner is free to move a fresh and application. Application, if any, filed in this respect shall be disposed of as expeditiously as possible, subject to the convenience of the trial Court. The petition stands disposed of in the above terms, so also the pending application(s), if any. (Bipin Chander Negi) Judge 06th January, 2025 (Gaurav Rawat)