Chaini Parwani –
Published On: December 13, 2021 at 13:30 IST
The Allahabad High Court observed that an unsettled Appeal against the Acquittal of an individual in a Criminal Case could not be the ground for denial of Passport to him.
A Double Bench comprising of Justice Ashwani Kumar Mishra and Justice Vikram D Chauhan pronounced the Order on a Plea submitted by Petitioner Pramod Kumar Rajbhar.
The Petitioner alleged that he was refused of Passport on the ground that the State’s Appeal against his acquittal was pending in a Higher Court.
The Court stated that Section 6 of the Passports Act,1967 laid down the provisions under which a passport can be denied to an applicant and that case of the Petitioner would get in line to any of the category under which the passport could be refused.
Furthermore, the Court stated “No order prejudicial to petitioner’s interest otherwise has been passed. So long as the order of acquittal remains, the petitioner’s innocence would be presumed and, therefore, petitioner’s application cannot be declined merely on account of pendency of Government Appeal.”
The Petitioner who has been acquitted by the lower Court last year was charged under Sections 354-A (Sexual Harassment), 506 (Criminal Intimidation) and 376 (Sexual Assault) of the Indian Penal Code.
The Petitioner applied for a passport after being Acquitted, but was denied on the grounds that a Government Appeal had been filed in the issue.
Also Read: Supreme Court: Passport Renewal cannot be denied in Pendency of Criminal Appeal