Court No. - 29
Case :- WRIT - C No. - 38274 of 2019 Petitioner :- Rajendra Kumar Gupta Respondent :- Union Of India And Another Counsel for Petitioner :- Anuj Bajpai Counsel for Respondent :- A.S.G.I.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and Sri Manoj Kumar, learned counsel appearing for the respondents.
The petitioner applied for the passport but his application has been closed. The notice dated 11.07.2019 of the Regional Passport Office indicates that on account of adverse police report which stated that a criminal case under Section 323/504 IPC was pending against the petitioner, the petitioner was called upon to appear with the desired documents on or before 29.07.2019 failing which the file was to be closed and the passport fee was to be forfeited.
The submission of the learned counsel for the petitioner is that the petitioner is entitled for the issuance of passport in view of the notification dated 25.08.93 and that his file could not have been closed without proper opportunity to the petitioner. The office notification reveals that the government exempts those citizens of India against whom proceedings in respect of an offence alleged to have been committed are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Passport Act subject to the certain conditions. In case, the petitioner is entitled to any benefit of the aforesaid notification he may make an appropriate application along with the permission of the court to deport from India.
In case the petitioner so applies with the permission of the Court the matter may be considered by the Respondent No.2 in accordance with the aforesaid notification provided the said notification still subsists.
With the aforesaid observation the writ petition is disposed of.
Order Date :- 28.11.2019 Imroz