[2026:RJ-JD:13400]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Writ Petition No. 990/2026 Rizwan Khan S/o Niyaz Mohammed, Aged About 28 Years, B 104 Marudhar Apartment At The Foothills Umaid Bhawan Palace Jodhpur-342001 Rajasthan ----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Union Of India, Through The Secretary Ministry Of External Affairs New Delhi

3. Regional Passport Office, Through The Regional Passport Officer J 14 Jhalana Institutional Area Jhalana Doongri Jaipur-302051 Rajasthan ----Respondents For Petitioner(s) : Mr. Nishant Bora For Respondent(s) : Mr. N.S. Chandawat, Dy.G.A.

Mr. Mohit Choudhary for Mr. Hitendra HON'BLE MR. JUSTICE FARJAND ALI

Order

17/03/2026

1. The present criminal writ petition, preferred under Article 226 of the Constitution of India has been filed by the petitioner seeking modification of the order dated 08.12.2025 passed by the learned Chief Judicial Magistrate, Jodhpur Metro, District Jodhpur , in Criminal Original Case No.197/2019 (5891/2023), arising out of FIR No.335/2018 registered at Police Station Pratapnagar, District Jodhpur, for the offences punishable under Sections 279, 336 &

379 of the IPC.

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.N7699694 for a period of ten years instead of three months, 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 Original Case No.197/2019 (5891/2023), arising out of FIR No.335/2018 registered at Police Station Pratapnagar, District Jodhpur, for the offences punishable under Sections 279, 336 & 379 of the IPC has been facing trial for the last seven 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 writ 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 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 crimin