Rajasthan High Court - Jodhpur
Ramswaroop Saini vs State Of Rajasthan ... on 10 February, 2023
Bench: Manoj Kumar Garg
[2023/RJJD/004803] (1 of 3) [CRLMP-791/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 791/2023
Ramswaroop Saini S/o Khushi Ram Saini, Aged About 71 Years,
R/o VPO-22 Ps, Teh. Raisinghnagar, Dist. Sri Ganganagar (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. MS Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/02/2023
This criminal misc. petition under section 482 CrPC has been
filed by the petitioner being aggrieved with the judgment dated
01.09.2022 passed by Learned Special Judge, SC/ST Cases
(Atrocity Prevention Cases), Sriganganagar in Final Report
No.26/2022, seeking permission of this Court for the issuance of
passport renewal.
Learned counsel for the petitioner has submitted that the
petitioner wants to travel abroad for the purpose to meet his
relatives residing there, therefore, the concerned authority may be
directed for renewal of passport of the petitioner in terms of the
Notification No.VI/401/37/79 dated 25.08.1993 issued by the
Ministry of External Affairs, New Delhi.
[2023/RJJD/004803] (2 of 3) [CRLMP-791/2023]
The Notification No.VI/401/37/79 dated 25.08.1993 issued
by the Ministry of External Affairs, New Delhi is reproduced as
under:-
"MINISTRY OF EXTERNAL AFFAIRS
NOTIFICATION
New Delhi, the 25th August, 1993
G.S.R. 570(E).-In exercise of the powers
conferred by clause (a) of Section 22 of the Passports
Act, 1967 (15 of 1967) and in supersession of the
notification of the Government of India in the Ministry of
External Affairs No.G.S.R. 298(E), dated the 14th April,
1976, the Central Government, being of the opinion that
it is necessary in public interest to do so, hereby
exempts citizens of India against whom proceedings in
respect of an offence alleged to have been committed by
them are pending before a criminal court in India and
who produce orders from the court concerned permitting
them to depart from India, from the operation of the
provisions of clause (f) of sub-section (2) of Section 6 of
the said Act, subject to the following conditions,
namely:-
(a) the passport to be issued to every such citizen shall be
issued-
(i) for the period specified in order of the court
referred to above, if the court specified a period for
which the passport has to be issued; or
(ii) if no period either for the issue of the passport or
for the travel abroad is specified in such order, the
passport shall be issued for a period one year;
(iii) if such order gives permission to travel abroad for
a period less than one year, but does not specify
the period validity of the passport, the passport
shall be issued for one year; or
(iv) if such order gives permission to travel abroad for
a period exceeding one year, and does not specify
the validity of the passport, then the passport shall
be issued for the period of travel abroad specified
in the order.
(b) any passport issued in terms of (a)(ii) and (a)(iii) above
can be further renewed for one year at a time, provided
the applicant has not travelled abroad for the period
sanctioned by the court; and provided further that, in
the meantime, the order of the court is not cancelled or
modified;
(c) any passport issued in terms of (a)(i) above can be
further renewed only on the basis of afresh court order
specifying a further period of validity of the passport or
specifying a period for travel abroad;
[2023/RJJD/004803] (3 of 3) [CRLMP-791/2023]
(d) the said citizen shall give an undertaking in writing to the
passport-issuing authority that he shall, if required by
the court concerned, appear before it at any time during
the continuance in force of the passport so issued.
[No. VI/401/37/79]
L.K. PONAPPA, Jt. Secy. (CPV)"
Counsel for the respondent-State submits that if the
petitioner follows the guidelines issued by the Ministry of External
Affairs, his application will be considered for renewal of passport.
Having heard learned counsel for the parties and having
regard to the facts and circumstances of the case, this Court
deems it proper to direct the concerned authority to consider the
application of the petitioner for renewal of his passport strictly in
accordance with the law.
The misc. petition is disposed of accordingly. Stay application
is also decided.
(MANOJ KUMAR GARG),J
62-MS/-
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