[2026:RJ-JD:12344]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7226/2025 Nadeem Khan S/o Hazi Manwar Khan, Aged About 40 Years, R/o Teliyon Ka Bas, Maderna Colony, Jodhpur (Rajasthan)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Javed Hussain For Respondent(s) :

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/03/2026

1. The present criminal misc. petition has been filed under Article 226 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, seeking modification of the order passed by the learned Special Additional Chief Judicial Magistrate (PCPNDT Act), Jodhpur, on 07.08.2025, in Criminal Regular Case No. 255/2024, arising out of FIR No. 92/2023, registered at Police Station Mata Ka Than, District Jodhpur, for offences punishable under Sections 323, 341, 336, 506/149 of the Indian Penal Code.

1.1. By way of this petition, the petitioner seeks limited modification of the impugned order, specifically requesting that the restriction of a six-month period for his travel abroad be quashed and set aside. The petitioner further prays that he be allowed to apply for the renewal of his passport and to travel abroad for employment purposes in accordance with the provisions of the Passport Act, 1967, with the condition that he shall seek prior permission from the trial court each time he intends to travel abroad.

2. Brief facts of the case are that the petitioner is presently undergoing trial in Criminal Original Case No. 255/2024, CIS No. 12625/2023, stemming from FIR No. 92/2023, registered at Police Station Mata Ka Than, District Jodhpur, in connection with alleged offences under Sections 323, 341, 336, and 506/149 of the Indian Penal Code.

2.1. On 27.01.2025, the learned trial court, in its discretion, passed an order permitting the petitioner to initiate the process for the renewal of his passport. However, despite this permission, the Passport Office declined to issue the renewed passport, citing the lack of explicit permission for the petitioner’s travel abroad. In light of this refusal, and in his pursuit of securing employment overseas, the petitioner filed an application before the learned Special Additional Chief Judicial Magistrate (P.C.P.N.D.T. Act), Jodhpur Metropolitan, seeking specific permission to travel abroad for employment.

2.2. On considering the application, the learned Magistrate, through the impugned order dated 07.08.2025, granted the petitioner permission to travel abroad. However, this permission came with certain stringent conditions, the most notable being a limitation on the duration of his travel, restricting it to a mere six months. Additionally, the petitioner was mandated to provide a fresh bond and surety amounting to Rs. 60,000/- and to appear before the court on or before 15.01.2026.

2.3. Consequently, the petitioner has approached this Court through the present misc. petition, challenging the onerous conditions imposed by the learned Magistrate. He contends that the six-month travel restriction unnecessarily limits his right to travel abroad for employment and seeks a modification of the order, praying that he be permitted to apply for passport renewal for the standard validity of ten years, which is customary under the Passport Act.

2.4 In light of these circumstances, the petitioner invokes the jurisdiction of this Court, seeking relief from the restrictive conditions imposed by the learned Magistrate and a restoration of his fundamental right to travel abroad for employment without undue hindrances.

3. I have heard the counsel for the parties and gone through the impugned order.

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