[2026:RJ-JD:13393]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1573/2026 Dileep Singh @ Rahul Singh S/o Shri Bheru Singh, Aged About 26 Years, R/o Meeno Ka Vaas, Jawai Bandh, Tehsil Sumerpur, District Pali (Rajsthan)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Lalita W/o Omji, R/o Jawai Bandh, Tehsil Sumerpur, District Pali (Raj)

3. Regional Passport Office, Jodhpur (Raj)

----Respondents For Petitioner(s) : Mr. Hitendra Singh For Respondent(s) : Mr. N.S. Chundawat, Dy.G.A.

HON'BLE MR. JUSTICE FARJAND ALI

Order

18/03/2026

1. The present criminal misc. petition, preferred under Article 226 of the Constitution of India has been filed by the petitioner against the order dated 28.01.2026 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali in Criminal Case No.69/2025 arising out of FIR No.69/2025 registered at Police Station Sumerpur, District Pali, for the offences punishable under Sections 333, 115(2), 74, 324(4)/3(5) of the BNSS and Section 3(1)(r)(s)(wi) & 3 (2)(va) of the SC/ST Act.

1.1 By way of the present petition, the petitione prayed that permission be granted for renewal/re-issuance of his passport together with consequential permission to travel abroad.

2. Briefly stating the facts of the case that the petitioner, an accused on bail in Criminal Case No.69/2025 arising out of FIR No.69/2025 registered at Police Station Sumerpur, District Pali, for the offences punishable under Sections 333, 115(2), 74, 324(4)/3(5) of the BNSS and Section 3(1)(r)(s)(wi) & 3 (2)(va) of the SC/ST Act. has been facing trial. Despite repeated permissions granted by the Trial Court, his passport was not issued 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 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 rep