The passport authorities must renew passports for a period of 10 years, while travel permissions during pending criminal proceedings must be obtained from the Trial Court.

ORDER :

ANIRUDDHA P. MAYEE, J.

1. Rule returnable forthwith. Mr. Pradip D. Bhate, learned advocate waives service of rule for the respondent.

2. By the present writ petition, the petitioner has prayed for direction to issue fresh passport to the petitioner for a period of 10 years.

3. It is submitted by the learned advocate for the petitioner that an FIR being C.R.No.I- 11191028201628 of 2020 came to be filed in the Vejalpur Police Station, for the offence punishable under Sections 323 , 498 & 144 IPC read with Section 3 & 7 of Dowry Prohibition Act against the petitioner by daughter-in-law of petitioner on 03.09.2020 making totally vague allegations and for the alleged incident occurred on 27.10.2019, after 11 months the FIR came to be filed. It is submitted that it was peak Covid-19 period, therefore, as per prevailing practice, the police had arrested all the accused and released them on bail as per directives of the Hon’ble Apex Court immediately. Thereafter, on completion of investigation, the police has filed charge sheet being Charge-sheet No. 184 of 2020 on 16.10.2020. It is further submitted that the trial has not yet commenced and even the charge is not framed. Learned advocate for the petitioner submits that petitioner’s one daughter is residing at U.S.A and the petitioner wants to visit U.S.A. Therefore, the petitioner made an application for getting new passport. However, the respondent- Passport Authority has raised objection and called upon the petitioner to produce the proof of clearance of the case.

4. Mr. Pradip D. Bhate, learned advocate for the respondent submits that the passport application of the petitioner is to be processed in accordance with the GSR Notification 570(E) dated 25.08.1993. He submits that the citizens who are facing criminal proceedings have to produce orders from the Court concerned permitting them to depart from India. He, therefore, submits that the communication dated 05.07.2023 has been issued in accordance with the GSR Notification 570(E) dated 25.08.1993.

5. Heard learned advocates for the parties, perused the documents on record and considered the submissions.

6. At the outset, it is not in dispute that the FIR being C.R.No.I- 11191028201628 of 2020 came to be filed in the Vejalpur Police Station, for the offence punishable under Sections 323 , 498 & 144 IPC read with Section 3 & 7 of Dowry Prohibition Act against the petitioner by daughter-in-law of petitioner on 03.09.2020 for the alleged incident occurred on 27.10.2019. The petitioner was arrested and released on bail. Thereafter, on completion of investigation, the police has filed charge sheet being Charge-sheet No. 184 of 2020 on 16.10.2020. The trial has not yet commenced and even the charge is not framed.

7. The GSR Notification 570(E) dated 25.08.1993 reads as under:-

“G.S.R 570 (E)-In exercise of the powers conferred by clause (a) of the 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 offences 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 specifies a period for which