[2026:RJ-JD:9001]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 661/2026 Mohammed Yasir S/o Mohammad Shakir, Aged About 40 Years, Resident Of 187/a, Hinglaz Nagar, 6Th Puliya, Chopasani Road, Jodhpur, Pin-342004 (Rajasthan)

----Petitioner Versus

1. State Of Rajasthan, Through The Public Prosecutor

2. Union Of India, Through The Regional Passport Officer, Jaipur, Regional Passport Office, Jaipur.

----Respondents For Petitioner(s) : Mr. Rajak Khan Haidar Mr. Mohd. Asif Khan For Respondent(s) : Mr. Sri Ram Choudhary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

18/02/2026

1. The present criminal writ petition, preferred under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner against the impugned order dated 03.02.2026 passed by the learned Additional Chief Judicial Magistrate (PCPNDT Cases), Jodhpur Metro, District Jodhpur, in Criminal Regular Case No.118/2023 arising out of FIR No.0101/2022 registered at Police Station Mahila Thana, Jodhpur City (East), for the offences punishable under Sections 498-A & 406 of the Indian Penal Code whereby the learned Magistrate has rejected the application filed by the petitioner for permission to renewal/reissuance of the passport and to visit abroad.

2. The succinct factual matrix giving rise to the present petition is that the The Petitioner is facing trial in Criminal Regular Case No. 118/2023 arising out of FIR No. 0101 dated 10.05.2022 registered at Police Station–Mahila Thana, Jodhpur City (East), for offences under Sections 498-A and 406 IPC. The prosecution emanates from a matrimonial dispute, and the Petitioner asserts false implication. He is presently on bail and has complied with all conditions.

2.1. Owing to the pendency of the case, the Petitioner has been effectively restrained from renewing/reissuing his passport and travelling abroad, which is essential for his livelihood and forms part of his personal liberty under Article 21 of the Constitution. The Petitioner moved two applications before the learned trial Court seeking permission for passport renewal and foreign travel. The same were rejected vide order dated 03.02.2026 without assigning cogent reasons or duly considering the constitutional dimensions of the relief sought.

2.2. The impugned order, being non-speaking and mechanical, has resulted in unwarranted curtailment of the Petitioner’s fundamental rights, compelling him to invoke the writ jurisdiction of this Court. Hence the instant writ petition.

3. I have heard the counsel for the parties and gone through the material as made available to this Court.

4. In an identical matter, this Court has elaborately discussed the issue in the case of Pradeep Kumar Sarwogi Vs. Union of India & Ors. (SB CRLWP No.2358/2025) decided on 29.01.2026. This Court would like to follow the same ratio so as to maintain judicial discipline and consistency. The order above reads as under:-

9. Having heard learned counsel for the parties and considered the rival submissions and the limited controversy which arises for consideration in the present writ petition concerns the scope and application of Section 6(2)(f) of the Passports Act, 1967 read with Notification No. G.S.R. 570(E) dated 25.08.1993, in the factual context of the petitioner’s case. The Court is called upon to examine whether renewal of a passport can be declined or deferred solely on account of pendency of criminal proceedings, particularly where the proceedings stand stayed qua the petitioner, no restraint has been imposed by the criminal court on possession of passport, and the petitioner is not seeking permission to travel abroad. The ancillary question as to the extent of writ jurisdiction in scrutinising administrative action of the Passport Authority, in the light of the statutory scheme and the law declared by the Supreme Court, also falls for consideration.

10. At the threshold, it is necessary to note that