ARAVIND KUMAR, J.

1. Heard Sri Shamanth Naik, learned Advocate appearing for petitioner and Sri Mahesh, learned Central Government Standing Counsel appearing on behalf of Sri Krishna Dixit, Assistant Solicitor General for respondents.

2. Petitioner was issued with a passport bearing No. Z1731125 on 22.11.2007 valid upto 22.11.2017 and when said passport was sought for being renewed, an endorsement dated 13.04.2017 came to be issued by second respondent refusing to renew the passport of the petitioner on the ground that criminal proceedings are pending against him. Hence, petitioner is before this Court seeking for quashing of said endorsement dated 13.04.2017 - Annexure-A and for a writ of mandamus to second respondent to renew the passport.

3. Learned counsel appearing for petitioner would reiterate the grounds urged in writ petition and prays for quashing the impugned endorsement and also seeks for a direction to second respondent to renew the passport of the petitioner. Learned Central Government Standing Counsel appearing for respondents would submit that on account of criminal proceedings in Cr. No. 66/2012 pending against petitioner, petitioner be directed to approach the jurisdictional Special Court before whom said proceedings are pending for grant of permission to travel abroad and in the event of an order being passed by said Court in favour of petitioner, respondent - authorities would renew the passport of the petitioner by taking into consideration the order that may be passed by the jurisdictional Court. Hence he prays for rejection of the writ petition. In support of his submission, he has relied upon judgment of the co-ordinate Bench of this Court rendered in W.P. No. 57756/2015 on 14.06.2016.

4. Having heard the learned Advocates appearing for parties and after bestowing my careful and anxious consideration to the rival contentions raised at the bar, material on record would disclose that a private complaint came to be filed against this petitioner and his family members under Section 200 Cr.P.C. alleging that petitioner and his family members have committed offences punishable under Sections 167, 409, 415 & 420 IPC read with Section 13(1)(c), (d) and (e) of Prevention of Corruption Act, 1988 before 23rd Additional City Civil & Special Judge for Prevention of Corruption Act. Said complaint came to be registered as PCR No. 34/2012. On same being referred under Section 156(3) Cr.P.C. investigation was taken up and subsequently jurisdictional police after registering an FIR in Crime No. 66/2012, investigated the matter and have filed 'B' report on 22.01.2014. Subsequently, complainant Mr. Abdul Huq Surathi has filed a petition (protest memo) opposing 'B' report and matter has been adjourned from time to time before the jurisdictional Special Court as is evident from the order sheet - Annexure-D.

5. A notification has been issued by the Ministry of External Affairs dated 25.08.1993 in exercise of the powers conferred by clause (a) of Section 22 of Passports Act, 1967 stipulating conditions for issuance of passport when criminal cases are pending against citizens of India. It reads as under:

"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 issue:-

(i