PANKAJ MAHESHBHAI KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:-

(2.) It appears from the materials on record that, applicant was one of the accused in FIR being CR No.II-3047 of 2012 for the offences punishable under Sections 506(2) and 114 of the Indian Penal Code registered with Sola Police Station, Ahmedabad, which FIR culminated into Criminal Case No.5371 of 2012. It is submitted that the applicant is acquitted in the said offence by the learned 8th Additional Judicial Magistrate First Class, Ahmedabad Rural by order dated 15.6.2015. As on date, there is one prosecution pending against the writ applicant herein for the offence punishable under Sections 406, 420 and 114 of the IPC. This prosecution is of the year 2014 being FIR bearing CR No.I-0814 of 2014. Pursuant to this offence the petitioner has submitted application on 30.9.2020 for issuing passport. The respondent authority vide letter dated 15.10.2020 raised objections and asked to furnish Court permission and to furnish proof of clearance of the case. As the petitioner wants to go Canada where the wife of the petitioner and his son are presently residing and pursuing studies. The passport office again vide letter dated 19.11.2020, informed the petitioner to get the permission of the Court. Since the criminal prosecution is pending, the Passport Authority has declined to issue a passport in favour of the writ applicant. The authority concerned shall look into the notification issued by the Ministry of External Affairs dated 25.08.1993 in this regard. It reads as under:

(3.) In view of above, the Regional Passport Officer is directed to process the application filed by the writ-applicant herein for passport and issue the Passport with a validity period of 5 years, in terms of the notification referred to above. This exercise shall be completed within a period of two weeks from the date of receipt of the writ of this order.