Anil Kumar Gupta v. Ashok Kumar Jaiswal and others), under Sections

Heard, Shri Dhirendra Kumar Srivastava, learned counsel for the applicant, Sri Madhvendra Pratap Singh, learned A.G.A. for the State.

2. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the order dated 24.3.2025 passed by Chief Judicial Magistrate, Chandauli, in Case No. 3677 of 2011 (Anil Kumar Gupta vs. Ashok Kumar Jaiswal and others), under Sections 406, 420, 120-B of I.P.C., Police Station- Mughalsarai, District- Chandauli, whereby the application dated 21.3.2025, which has been filed to issue no objection certificate for issuance of passport to the applicant, has been dismissed.

3. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and dismissed the application without any consideration or any reason. It is further submitted that only one criminal case being Case Crime No. 558 of 2009, under Sections 420, 467, 406, 504, 506 of I.P.C. is pending against the applicant.

4. Learned counsel for the applicant submits that Passport Authority has refused to submit the report due to the above mentioned case being pending against the applicant. It has been noticed that there are increasing number of references being received regarding passport applications. The Ministry has issued a notification wherein several reliance and instructions have been circulated. 2

5. The Govt. of India has promulgated a notification no. GSRS70(E) wherein following guidelines have been notified to depart from India from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Passports Act against whom proceedings in respect of an offence are pending before a criminal court in India. The elaborated guidelines have been issued which are reproduced as under:- "G.S.R. 570(E). - In exercise of the powers conferred by clause (a) of section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs no. G.S.R.298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them 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 said Act, subject to the following conditions, namely:- (a) the passport to the issued to every such citizen shall be issued-- (i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year, (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of a(ii) and a(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of a(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad; (d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued. [No.VI/401/37/79] L.K. PONAPPA, Jt. Secy. (CPV)" The provisions of Section 22 of the Act, 1967 read as under:- 3 "22. Power to exempt.--Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-- (a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions."

6. The aforesaid notification has been issued by the Central Government under the powers which have been given under Section 22 of the Passports Act.

8. Learned A.G.A. admitted the factual position. In view of the above facts and circumstances and keeping in mind the notification of Government of India as reproduced in paragraph no. 5, the impugned order dated 24.03.2025 is liable to be quashed and present application is liable to be allowed. Accordingly, present application is allowed and order dated 24.3.2025 is quashed. Applicant is directed to file a fresh application for no objection certificate for issuance of passport and the court concerned is directed to decide such application afresh, as per law.

9. With the aforesaid directions, the present 528 B.N.S. application stands disposed of finally. Order Date :- 11.7.2025 A.P. Pandey ANAND PRAKASH PANDEY High Court of Judicature at Allahabad

Heard, Shri Dhirendra Kumar Srivastava, learned counsel for the applicant, Sri Madhvendra Pratap Singh, learned A.G.A. for the State.

2. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, has been filed to quash the order dated 24.3.2025 passed by Chief Judicial Magistrate, Chandauli, in Case No. 3677 of 2011 (Anil Kumar Gupta vs. Ashok Kumar Jaiswal and others), under Sections 406, 420, 120-B of I.P.C., Police Station- Mughalsarai, District- Chandauli, whereby the application dated 21.3.2025, which has been filed to issue no objection certificate for issuance of passport to the applicant, has been dismissed.

3. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and dismissed the application without any consideration or any reason. It is further submitted that only one criminal case being Case Crime No. 558 of 2009, under Sections 420, 467, 406, 504, 506 of I.P.C. is pending against the applicant.

4. Learned counsel for the applicant submits that Passport Authority has refused to submit the report due to the above mentioned case being pending against the applicant. It has been noticed that there are increasing number of references being received regarding passport applications. The Ministry has issued a notification wherein several reliance and instructions have been circulated. 2

5. The Govt. of India has promulgated a notification no. GSRS70(E) wherein following guidelines have been notified to depart from India from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Passports Act against whom proceedings in respect of an offence are pending before a criminal court in India. The elaborated guidelines have been issued which are reproduced as under:- "G.S.R. 570(E). - In exercise of the powers conferred by clause (a) of section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs no. G.S.R.298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them 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 said Act, subject to the following conditions, namely:- (a) the passport to the issued to every such citizen shall be issued-- (i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period one year, (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of a(ii) and a(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of a(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad; (d) the said citizen shall give an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued. [No.VI/401/37/79] L.K. PONAPPA, Jt. Secy. (CPV)" The provisions of Section 22 of the Act, 1967 read as under:- 3 "22. Power to exempt.--Where the Central Government is of the opinion that it is necessary or expedient in the public interest so to do, it may, by notification in the Official Gazette and subject to such conditions, if any, as it may specify in the notification,-- (a) exempt any person or class of persons from the operation of all or any of the provisions of this Act or the rules made thereunder; (b) as often as may be, cancel any such notification and again subject, by a like notification, the person or class of persons to the operation of such provisions."

6. The aforesaid notification has been issued by the Central Government under the powers which have been given under Section 22 of the Passports Act.

8. Learned A.G.A. admitted the factual position. In view of the above facts and circumstances and keeping in mind the notification of Government of India as reproduced in paragraph no. 5, the impugned order dated 24.03.2025 is liable to be quashed and present application is liable to be allowed. Accordingly, present application is allowed and order dated 24.3.2025 is quashed. Applicant is directed to file a fresh application for no objection certificate for issuance of passport and the court concerned is directed to decide such application afresh, as per law.

9. With the aforesaid directions, the present 528 B.N.S. application stands disposed of finally. Order Date :- 11.7.2025 A.P. Pandey ANAND PRAKASH PANDEY High Court of Judicature at Allahabad