ORAL ORDER

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

2. 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.

3. By this petition, the petitioner, has prayed for direction to the respondent authority to issue fresh passport to the petitioner for a period of ten years from the date of issuance.

4. Mr Kumar H. Trivedi, learned advocate for the petitioner, submitted that though the petitioner, has prayed for issuance of the passport with validity of ten years, the petitioner restricts it as the Court may direct. It is further submitted that the First Information Report, has been registered with Himmatnagar ‘A’ Division police station for the offences punishable under Secitons 409, 406, 420, 114 of the Indian Penal Code, 1860. It is submitted that criminal case no.3861 of 2018 is pending before the learned Chief Judicial Magistrate, Himmatnagar. It is submitted that the pendency, had come in the way of the petitioner inasmuch as, the application for issuance of the passport which was filed has not been entertained on the ground of pendency of the case. It is therefore submitted that in view of the provisions of the notification dated 25.08.1993, the case of the petitioner, be considered.

5. Mr Kshitij M. Amin, learned Central Government Standing Counsel for the respondent no.1 has fairly stated before this Court 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 strictly in accordance with law. 6. Heard learned advocates appearing for the respective parties. 7. The application of the petitioner, seeking issuance of the passport, is pending consideration before the respondent authorities. Discernibly, the First Information Report has been registered against the petitioner and criminal case no.3861 of 2018, has been pending with the learned Chief Judicial Magistrate, Himmatnagar. It is the said pendency has given rise to the captioned writ petition.

8. In view of the above, the notification/circular dated 25.08.1993, so also the office memorandum dated 10.10.2019 would be apt. 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 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 for a period of one year;

(iii) if such order gives permission to travel abroad for a