Pawan Kumar Rajbhar v. State of U.P.) has also laid down the details of guidelines for issuance of

5. After hearing the submission of learned counsel for the parties and perusal of records, it appears that while rejecting the application of the applicant by the impugned order, court below has not given any reason except the fact that applicant has not mention the provision under which this application has been filed. It is also clear from the impugned order that the court below has mentioned the reason that while granting bail to the proceedings in question, there was no restriction on the applicant against foreign travel.

6. As per Section 6 of Passport Act, 1967, if the case is pending before a criminal court, even for renewal of passport permission of concerned court is necessary. Ministry of External Affairs, also issued a notification No. G.S.R. 570(E) dated August 25, 1993 in exercise of power under Section 22(a) of the Passport Act, 1967, laying down the procedure for issuance of renewal of passport. The said notification is being quoted as under :- "NOTIFICATIONS (1) Ministry of External Affairs, Noti. No. G.S.R. 570(E), dated August 25, 1993, published in the Gazette of India, Extra., Part II, Section 3(i), dated 25th August, 1993, pp. 2-3, Sl. No. 289 [No. VI/401/37/79] 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 sald Act, subject to the following conditions, namely:- (a) the passport to be issued to every such citizen shall be issued- (i) for the period specified in order of the court referred to above, if the court specified 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 of one year; (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period of validity of the passport, the passport shall be issued for one year; ог (iv) if such order gives permission to travel abroad for a period exceedina one vear. 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)(1) 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."

7. The Division Bench of Allahabad High Court in Writ-C No. 41540 of 2023 (Pawan Kumar Rajbhar vs. State of U.P.) has also laid down the details of guidelines for issuance of renewal of passport where a criminal case is pending from the concerned court. Paragraph nos. 21 and 22 of the aforesaid case are being quoted as under :- "21. Therefore, we are inclined to read the word 'proceeding' used in Section 6 (2) (f) and 10 (3) (e) of the Act to allow minimum scrutiny/application of mind by the jurisdictional Criminal Court under whose territorial jurisdiction a criminal investigation or enquiry or trial may be pending, as may be the case. Thus, where an offence may be pending investigation at a Police Station, the Court/Judicial Magistrate having territorial jurisdiction over that Police Station may grant permission to a person accused of that criminal offence, to travel abroad. Insofar as NCR are concerned, learned A.S.G.I. has categorically and most fairly stated, there is no reason to withhold issuance, renewal or reissue of a passport. The Regional Passport Authority do not and in any case they shall not withhold issuance, renewal or re-issuance of individual passports against report of NCR against any citizen applicant.

22. Primarily, that Criminal Court would have to be satisfied if the desired permission may be granted to an applicant citizen and the terms and conditions on which such permission may be granted and the period for which such travel permission may be granted. Such discretion when exercised judiciously would temper with reason, the uninhibited administrative discretion that may otherwise be claimed, in such matters. Perhaps, it is the lethargy or doubt in exercise of such administrative discretion that leads to the continuous flow of such petitions to this Court."

8. From the above legal position, it is clear that even for the renewal of passport, the permission / no objection is required to be taken from the concerned court, where a criminal proceeding against the passport holder has been pending.

9. From perusal of record, it appears that the case in which the applicant is an accused is minor offence Sections 323, 504, 506 I.P.C. and it is also not in dispute that the applicant has been residing in Nigeria and working there as Engineer and his passport has expired on 23.07.2023. In case, his passport is not renewed then there are chances the applicant may be arrested by Nigeria police for the expiry of the validity of his passport.

10. In these circumstances, the court below should have granted NOC for renewal of passport of the applicant. Apart from this rejecting application of the applicant merely on the ground that provision has not mentioned in the application is absolutely erroneous.

11. In view of the above, the order dated 26.07.2023 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate Court No. 3, Ghaziabad is absolutely erroneous and deserves to be set aside.

12. The court below is directed to pass fresh order within a period of one month from the date of receipt of copy of this order considering the facts that once there is no restriction for foreign travel upon the applicant and he has been residing in Nigeria and his passport has expired on 23.07.2023. In such circumstances, it is necessary that permission should be granted with certain condition. It is also directed that in case court below feels it appropriate it can also direct the applicant to appear before the court below when his presence is required through video conferencing as per Rules for Video Conferencing For Courts In The State of Uttar Pradesh,

13. Accordingly, the present application is allowed. Order Date :- 29.4.2025 / Manoj MANOJ KUMAR YADAV High Court of Judicature at Allahabad

5. After hearing the submission of learned counsel for the parties and perusal of records, it appears that while rejecting the application of the applicant by the impugned order, court below has not given any reason except the fact that applicant has not mention the provision under which this application has been filed. It is also clear from the impugned order that the court below has mentioned the reason that while granting bail to the proceedings in question, there was no restriction on the applicant against foreign travel.

6. As per Section 6 of Passport Act, 1967, if the case is pending before a criminal court, even for renewal of passport permission of concerned court is necessary. Ministry of External Affairs, also issued a notification No. G.S.R. 570(E) dated August 25, 1993 in exercise of power under Section 22(a) of the Passport Act, 1967, laying down the procedure for issuance of renewal of passport. The said notification is being quoted as under :- "NOTIFICATIONS (1) Ministry of External Affairs, Noti. No. G.S.R. 570(E), dated August 25, 1993, published in the Gazette of India, Extra., Part II, Section 3(i), dated 25th August, 1993, pp. 2-3, Sl. No. 289 [No. VI/401/37/79] 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 sald Act, subject to the following conditions, namely:- (a) the passport to be issued to every such citizen shall be issued- (i) for the period specified in order of the court referred to above, if the court specified 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 of one year; (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period of validity of the passport, the passport shall be issued for one year; ог (iv) if such order gives permission to travel abroad for a period exceedina one vear. 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)(1) 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."

7. The Division Bench of Allahabad High Court in Writ-C No. 41540 of 2023 (Pawan Kumar Rajbhar vs. State of U.P.) has also laid down the details of guidelines for issuance of renewal of passport where a criminal case is pending from the concerned court. Paragraph nos. 21 and 22 of the aforesaid case are being quoted as under :- "21. Therefore, we are inclined to read the word 'proceeding' used in Section 6 (2) (f) and 10 (3) (e) of the Act to allow minimum scrutiny/application of mind by the jurisdictional Criminal Court under whose territorial jurisdiction a criminal investigation or enquiry or trial may be pending, as may be the case. Thus, where an offence may be pending investigation at a Police Station, the Court/Judicial Magistrate having territorial jurisdiction over that Police Station may grant permission to a person accused of that criminal offence, to travel abroad. Insofar as NCR are concerned, learned A.S.G.I. has categorically and most fairly stated, there is no reason to withhold issuance, renewal or reissue of a passport. The Regional Passport Authority do not and in any case they shall not withhold issuance, renewal or re-issuance of individual passports against report of NCR against any citizen applicant.

22. Primarily, that Criminal Court would have to be satisfied if the desired permission may be granted to an applicant citizen and the terms and conditions on which such permission may be granted and the period for which such travel permission may be granted. Such discretion when exercised judiciously would temper with reason, the uninhibited administrative discretion that may otherwise be claimed, in such matters. Perhaps, it is the lethargy or doubt in exercise of such administrative discretion that leads to the continuous flow of such petitions to this Court."

8. From the above legal position, it is clear that even for the renewal of passport, the permission / no objection is required to be taken from the concerned court, where a criminal proceeding against the passport holder has been pending.

9. From perusal of record, it appears that the case in which the applicant is an accused is minor offence Sections 323, 504, 506 I.P.C. and it is also not in dispute that the applicant has been residing in Nigeria and working there as Engineer and his passport has expired on 23.07.2023. In case, his passport is not renewed then there are chances the applicant may be arrested by Nigeria police for the expiry of the validity of his passport.

10. In these circumstances, the court below should have granted NOC for renewal of passport of the applicant. Apart from this rejecting application of the applicant merely on the ground that provision has not mentioned in the application is absolutely erroneous.

11. In view of the above, the order dated 26.07.2023 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate Court No. 3, Ghaziabad is absolutely erroneous and deserves to be set aside.

12. The court below is directed to pass fresh order within a period of one month from the date of receipt of copy of this order considering the facts that once there is no restriction for foreign travel upon the applicant and he has been residing in Nigeria and his passport has expired on 23.07.2023. In such circumstances, it is necessary that permission should be granted with certain condition. It is also directed that in case court below feels it appropriate it can also direct the applicant to appear before the court below when his presence is required through video conferencing as per Rules for Video Conferencing For Courts In The State of Uttar Pradesh,

13. Accordingly, the present application is allowed. Order Date :- 29.4.2025 / Manoj MANOJ KUMAR YADAV High Court of Judicature at Allahabad