[2026:RJ-JD:8411]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 9703/2025 Kuldeep Kalal S/o Shri Hemendra Kumar Kalal, Aged About 26 Years, Ward No 4, Post Jhonthri, District Dungarpur ----Petitioner Versus State Of Rajasthan, Pp ----Respondent For Petitioner(s) : Mr. Karan Pareek For Respondent(s) : Mr. NS Chandawat, Dy.G.A.

Mr. Narendra Rajpurohit HON'BLE MR. JUSTICE FARJAND ALI

Order

13/02/2026

1. The instant miscellaneous petition has been filed on behalf of the petitioner challenging the order dated 28.10.2025 passed by the learned Additional Chief Judicial Magistrate, Dungarpur, in connection with FIR No. 02/2025, P.S. Cyber Police Station, District Dungarpur, whereby the learned Magistrate rejected the application for grant of permission to issue a passport to the petitioner.

2. Heard learned counsel for the parties.

3. The Court finds that the retention of the petitioner’s passport is neither just nor reasonable. It is further noted that the parties have amicably settled the dispute and entered into a compromise. 4. This Court has dealt with the similar issue in the case of Balkaran Singh v. State of Rajasthan [S.B. Criminal Misc(Pet.) 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 Government has issued a notification dated 28.06.1993 which enables the passport authority to issue passport even in the case of a person covered by clause (f) of sub-section (2) of section 6 of the Act. The notification dated 28.06.1993 is reproduced as under in its entirety:-

“GSR 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. GSR 298(E) da