The authority to permit travel abroad for individuals facing criminal charges lies solely with the Trial Court, as established by the Passports Act and clarified through GSR Notification 570(E).

ORDER :

ANIRUDDHA P. MAYEE, J.

1. By the present writ petition, the petitioner has prayed for direction to issue fresh passport to the petitioner.

2. Learned advocate for the petitioner submits that an FIR being No. 11204045220078 of 2022 came to be lodged with the Nadiad Rural Police Station, for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code. He submits that Investigating Officer, after investigation, filed a B-Summary report before the Magistrate Court, as no offence was made out, which came to be accepted by the order dated 09.11.2022. The said order came to be challenged before the District & Sessions Court by way of Criminal Revision Application No. 12 of 2023, which came to be allowed. Thereafter the co-accused has preferred Special Criminal Application No. 15897 of 2023 in this Court, wherein notice has been issued and the matter is pending for further adjudication. Learned advocate further submits that the petitioner is desirous of travelling abroad.

3. Mr. Pradip D. Bhate, learned advocate for the respondent submits that the petitioner has not made any application for issuing passport. He also submits that the citizens who are facing criminal proceedings have to produce orders from the Court concerned permitting them to depart from India.

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

5. 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 14^th 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 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 or 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 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 3 fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the said citizen shall given an undertaking in writing to the passport issuing authority that he shall if r