PRABHATBHAI DEVAYATBHAI SINDHAV Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) It appears from the materials on record that the validity of the passport of the petitioner has expired. In such circumstances, he requested the respondent no.2 to renew the passport or issue a fresh passport. The request has been declined because there is one FIR being C.R. NO.2/2019 registered against the petitioner herein for the offences punishable under Sec. 219 , 409 , 463 , 471 , 34 , 120-B of IPC and Sec. 13(1)(a) , 13(2) and 12 of the Prevention of Corruption Act at the ACB Police station, Surendranagar.

(3.) The Passport 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: "In exercise of the process conferred by clause (a) of (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 14/4/1976, 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-sec. (2) of Sec. 6 of the said Act, subject to the following conditions, namely:-