IMPORTANT POINT
The right to travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.

JUDGMENT :

Shamim Ahmed, J.

1. Heard Sri Salman Abbas, learned counsel for the petitioner as well as Sri Surya Bhan Pandey, learned Sr. Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel for the Union of India and Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

2. The instant writ petition has been filed seeking following main reliefs:-

"i. Issue Writ, Order and direction in any nature of certiorari to quash/set aside the impugned order dated 08.08.2024 passed by learned Court of Additional Civil Judge / Additional Chief Judicial Magistrate, Court No.24, Lucknow in Criminal Case No.37328 of 2018; State Vs. Shahid Husain alias Shanne and Ors. arising out of Case Crime No.458 of 2016, under Section 420, 467, 468, 471 I.P.C., Police Station Thakurganj, District Lucknow for securing the interest of justice, which is contained in as Annexure No.1.

ii. Issue Writ, Order and direction in any nature of Mandamus directing the Opposite Parties to consider the case of the petitioner and issue the passport to the petitioner irrespective of Case Crime No.458 of 2016, under Section 420, 467, 468, 471 I.P.C., Police Station Thakurganj, District Lucknow for securing the interest of justice."

3. Learned counsel for the petitioner submits that a Passport was issued to the petitioner by the Passport Office, Lucknow bearing Passport No. Z267244 which was valid from 26.09.2012 till 25.09.2023.

4. Learned counsel for the petitioner further submits that an application was filed by the petitioner before the learned Additional Civil Judge/Additional Chief Judicial Magistrate, Court No.24, Lucknow for grant of permission for renewal of passport, which was rejected by means of order dated 08.08.2024 observing therein that this Court has no jurisdiction for granting the permission of renewal of passport. He further submits that the petitioner has been falsely implicated in F.I.R. No.458 of 2016, under Section 420, 467, 468, 471 I.P.C., Police Station Thakurganj, District Lucknow.

5. In support of his argument, learned counsel for the petitioner has relied upon the notification of Ministry of External Affairs, New Delhi dated 25.08.1993, which is being quoted hereunder:-

"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 for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period of 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 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 fr one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and