Rajasthan High Court - Jodhpur
Arvind Parikh vs State Of Rajasthan on 11 January, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1111/2022
Arvind Parikh S/o Shri Shankar Lal Parikh, Aged About 48 Years,
R/o Peepli Dodiyan Ps Railmagra Dist. Rajsamand
(At Present Lodged At Dist. Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vishal Sharma
For Respondent(s) : Mr. Mukesh Rajpurohit, Dy. SG
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
11/01/2023
The matter comes up on Misc. Application (No.1/2022) filed
on behalf of the applicant with a prayer
for issuing direction to the Passport Authority for renewal of
passport.
This revision petition has been filed under Section 397 read
with Section 401 Cr.P.C. against the judgment dated 13.09.2022
passed by learned Additional Sessions Judge No.2, Udaipur in
which judgment dated 12.12.2019 passed by learned Chief
Judicial Magistrate, Udapur is upheld and the learned trial Court
has convicted the petitioner for offences punishable under
Sections 420, 411, 467, 468 and 471 IPC.
Being aggrieved with the judgment dated 13.09.2022, the
applicant-petitioner has preferred the present Criminal Revision
before this Court and this Court vide order dated 19.09.2022 has
admitted the revision petition and suspended the sentences of the
applicant-petitioner awarded by the trial court.
(2 of 3) [CRLR-1111/2022]
Learned counsel for the applicants-petitioner has submitted
that petitioner is possessing passport No.S2121675 which was
valid upto 17.06.2019 and the passport authority is not renewing
the same due to pendency of criminal case against him, 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.
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
(3 of 3) [CRLR-1111/2022]
(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;
(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 respondents submits that if the applicant-
petitioner follow the guidelines issued by the Ministry of External
Affairs, then they will consider the application of the applicant-
petitioner for issuance/renewal of his passports.
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 applicant-petitioner for renewal of his passport,
if otherwise, he is eligible for renewal of passport strictly in
accordance with the law.
The misc. application is disposed of accordingly.
(MADAN GOPAL VYAS),J
132-bharti/-
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