RUSHABH KAMLESHBHAI PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition 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, as on date, there is one prosecution pending against the writ-applicant herein for the offence punishable under Ss. 323, 294 (b), 506 (1) and 114 of the Indian Penal Code and under Sec. 135 (1) of the Gujarat Police Act being F.I.R. II C.R. No.3112 of 2007 with Sola High Court Police Station. The Investigating Officer has also filed charge-sheet and the same was registered as Criminal Case No.4555 of 2008 and is pending before learned Additional Judicial First Class, Court No.11, Ahmedabad (Rural), Mirzapur. As per the case of the petitioner, his wife has gone to Australia on 25/2/2017 on student visa for further education. The petitioner also intends to join his wife at Australia and, therefore, applied for Passport which was declined by the respondent authority. Hence, the present petition.

(3.) The authority concerned shall look into the notification issued by the Ministry of External Affairs dtd. 25/8/1993 in this regard. It reads as under :-