ARJUNA CHARAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Arjuna Charan Das has filed this criminal revision petition challenging the impugned order dated 21.12.2016 passed by the learned J.M.F.C., Chandikhole in G.R. Case No.1201 of 2015 arising out of Balichandrapur P.S. Case No. 173 of 2015 in rejecting the petition filed by the petitioner for permission for renewal of his passport on the ground that the petitioner is alleged to have committed offences under sections 498-A/494/34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act which was initiated at the instance of his wife and that the petitioner has not come to the picture in the case nor appeared in the case nor yet arrested and he may abscond.

(2.) Learned counsel for the petitioner Mrs. Sujata Jena challenging the impugned order submitted that the petitioner is an IT Professional working as a Senior Software Engineer in MPHASIS and posted at Bangalore and as an IT professional, he was holding a passport which expired on 102017. It is further contended that as per the notification issued by the Ministry of External Affairs, Government of India dated 25.08.1993 vide G.S.R. 570(E) in exercise of the powers conferred by clause (a) of section 22 of the Passports Act, 1967, any passport issued can be further renewed only on the basis of the fresh order of the concerned Court where the criminal case is pending against the applicant.

(3.) Mr. Anup Kumar Bose, learned Assistant Solicitor General, Union of India for the State of Odisha produced the notification of the Government of India, Ministry of External Affairs, New Delhi dated 25.08.1993 wherein it is indicated that 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, exempted 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, from the operation of the provisions of Clause (f) of sub-section (2) of section 6 of the said Act, if they produce orders from concerned Court permitting them to depart from India subject to certain conditions which are as follows :-