The right to travel abroad is a fundamental human right, and restrictions must comply with due process of law.

ORDER :

1. The instant Criminal Misc. Petition under Section 482 Cr.P.C has been filed by the petitioner being aggrieved from the order dated 03.12.2024 passed by learned Special Additional Chief Judicial Magistrate (PCPNDT Act Cases), Jodhpur Metropolitan, Jodhpur (hereinafter to be referred as ‘the trial court’) in FIR No.131/2023 registered at Police Station Mahila Thana (Jodhpur City West), District Jodhpur City West, whereby the application filed of the petitioner for granting permission to go abroad was rejected.

2. Brief facts of the case are that on 13.06.2023, an FIR No.131/2023 got registered at Police Station Mahila Thana (Jodhpur City West), District Jodhpur City West against the petitioner and his family members for the offences under Sections 498-A, 406, 323, 325, 315 of IPC and Sections 3, 4 of Dowry Prohibition Act. Upon completion of investigation, the petitioner preferred a regular bail application, which was allowed with the condition that he would not leave the country without permission of the learned trial court. Thereafter, the applications dated 08.11.2023 and 20.05.2024 of the petitioner seeking permission to go abroad were allowed by the learned trial court and in compliance of that, he appeared before the learned trial court well within the stipulated time and did not cause any delay in proceeding pending before it. Now, the petitioner again moved an application for going abroad for two months; however, the same was rejected by the learned trial court vide order dated 03.12.2024. Hence, this criminal misc. petition.

3. This Court has dealt with the similar issue in the case of Balkaran Singh Vs. State of Rajasthan [S.B. Criminal Misc. Petition No. 7824/2022] dated 21.11.2022. The relevant paragraphs of the order are being reproduced herein below:-

“It is significant to note here that the Passports Act, 1967 does not confer absolute power upon a citizen to obtain passport. Section 6(1) & (2) of the Act prescribe certain conditions/eventualities when the passport authority is required to turn down request to make an endorsement or issue passport which includes a condition when an applicant is an accused in a criminal case. Relevant extract of section 6(2) is reproduced hereinbelow:-

“(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:—

(a) that the applicant is not a citizen of India;

(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;

(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;

(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;

(e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;

(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;

(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.”

To diminish the rigour of sub-section (2)(f) of section 6, the Central Govern