Order

1. The present criminal misc. 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 seeking modification of the order dated 05.08.2025 passed by the learned Additional Chief Judicial Magistrate, Ladnun, District Deedwana, Rajasthan, in Criminal Case No.56/2018, arising out of FIR No.0104/2017 registered at Police Station Ladnun, District Nagaur, for the offences punishable under Sections 419, 465, 468 of the IPC and Sections 66-C & D of the Information Technology (Amendment) act, 2008.

1.1 By way of the present petition, the petitioner seeks a limited modification of the impugned order, praying that permission be granted for renewal/re-issuance of his passport bearing No.M0430344 for a period of ten years instead of one year, together with consequential permission to travel abroad. The petitioner further seeks removal of the condition restricting his travel to abroad.

2. Briefly stating the facts of the case that the petitioner, an accused on bail in Criminal Regular Case No.57/2018 arising out of FIR No.0104/2017 for offences under Sections 419, 465, 468 of the IPC and Sections 66-C & D of the Information Technology (Amendment) act, 2008 has been facing trial for the last eight years. Despite repeated permissions granted by the Trial Court, his passport was renewed only for one year, thereby restricting his right to travel abroad for employment, which has led him to invoke the misc. jurisdiction of this Court seeking renewal of his passport for the standard period of ten years.

3. 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 section6(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