MITABEN NAVNEETBHAI HELAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Central Government standing counsel Mr. Kshitij Amin waives service of notice of rule for and on behalf of the respondent no.2. Learned APP waives service of notice of rule for and on behalf of the respondent no.1-State.

(2.) It appears from the materials on record that, as on date, there is one prosecution pending against the applicant herein for the offence punishable under Ss. 498(A) , 323 , 504 , 506(2) and 114 of the Indian Penal Code of the IPC. This prosecution is of the year 2020. Since the criminal prosecution is pending, the Passport Authority has declined to issue a Regular Passport in favour of the applicant. 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:

(3.) With the above, present application stands allowed. The Regional Passport Officer is directed to process the application filed by the applicant herein for a 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. It is clarified that if the applicant intends to visit abroad, he shall obtain prior permission of the concerned Trial Court. Rule is made absolute to the aforesaid extent.