PRAVEEN CHUGH Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The petitioner brings a challenge to the order passed by the Sessions Court where a criminal case is pending against the petitioner, for grant of No Objection Certificate for issuance of a passport. The Court has rejected it relying on view expressed by this Court by a Coordinate Bench in Criminal Miscellaneous Petition No. 5848 of 2011 dated 15.11.2011. The petitioner appears to have originally brought a challenge to the vires of the notification issued by the Ministry of External Affairs requiring permission to be sought from the Criminal Court where the proceedings are pending against an applicant.

(2.) The petitioner has withdrawn his challenge and has sought permission of the Division Bench to avail of the remedy under Section 482 read with Section 226 of the Constitution. That is how the petitioner is in this Court.

(3.) Learned counsel appearing on behalf of the petitioner refers me to the text of the notification issued on 25.08.1993 in supercession of the notification made earlier that the Central Government thought it necessary to exempt citizens of India against whom proceedings were pending and who were required to obtain the orders from the Court permitting them to depart from India subject to certain conditions. The relevant portion of the notification are: