ORAL ORDER

Learned advocate for the petitioner has tendered a draft amendment. Amendment is allowed in terms of the draft. Same shall be carried out forthwith.

2. With the consent of learned advocates for respective parties, the matter, is taken up for final disposal.

3. Issue rule, returnable forthwith. Mr Kshitij M. Amin, learned Central Government Standing Counsel waives service of notice of rule on behalf of the respondent no.1.

4. By this petition, the petitioner, has prayed for direction to the respondent to renew the passport bearing no.B8238716, for a period of ten years.

5. Mr Dhanesh R. Patel, learned advocate for the petitioner, at the outset, submitted that though the petitioner, has prayed for renewing the passport for ten years, renewal may be considered for a period of five years, as is being done in other cases. It is further submitted that the FIR, has been registered with Aslali police station for the offences under the provisions of the Indian Penal Code, 1860. The petitioner, was granted anticipatory bail. It is submitted that a reading of the FIR, would suggest that the petitioner has not forged any documents, as alleged.

5.1 It is further submitted that the petitioner, is a senior citizen and intends to travel abroad to visit his daughter, who is suffering from blood cancer. It is submitted that to the best of the knowledge of the petitioner, the chargesheet is filed and the Criminal Case no.8010 of 2022, is pending before the Court of learned 3rd Additional Civil Judge & J.M.F.C., Ahmedabad. It is submitted that considering the provisions of the applicable policy and more particularly, the notification issued by the Ministry of External Affairs dated 25.08.1993, the case of the petitioner, be considered for the renewal of the petitioner with a validity of five years.

6. Mr Kshitij M. Amin, learned Central Government Standing Counsel for the respondent no.1 has fairly stated that the application of the petitioner, shall be decided as per the notification/ circular dated 25.08.1993, so also the office memorandum dated

10.10.2019 and in accordance with law.

7. Heard learned advocates appearing for the respective parties. 8. The application of the petitioner, seeking renewal of the passport bearing no.B8238716, is pending consideration. The case of the petitioner, has to be considered as per the notification/circular dated 25.08.1993, so also the office memorandum dated 10.10.2019.

9. In view of pendency of the case, the authority, has required the petitioner to furnish the Court’s permission. In this behalf, it is pertinent to take note of the notification/circular no.G.S.R. 570(E)

dated 25.08.1993 issued by the Ministry of External Affairs, followed by the office memorandum dated 10.10.2019, wherein the instructions have been issued to strictly follow the notification dated 25.08.1993, providing that in the interest of public at large, the citizens, be exempted, against whom the proceedings in respect of an offence alleged to have been committed by them are pending before the Criminal Court. The relevant extracts of the notification dated 25.8.1993, read as under:

"In exercise of the process conferred by clause (a) of Section 22 of the Passport 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 r