[2025:RJ-JP:43574] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14765/2025 Gaurav Mantri S/o Girraj Kumar, Aged About 40 Years, R/o 281, Mantri Bhawan, Natniyan Street, Tripolia Bazar, Jaipur Ra- jasthan. ----Petitioner Versus 1. Union Of India, Through Its Secretary Ministry Of Exter- nal Affairs Patiala House Annex Tilak Marg, New Delhi 110001 (Delhi) 2. Regional Passport Officer, Jaipur, Having Its Office At J- 14, Jhalana Institutional Area, Jhalana Doongri, Jaipur, Rajasthan 302051. ----Respondents For Petitioner(s) : Mr. Archit Bohra, Adv. with Ms. Lipi Garg, Adv. For Respondent(s) : Ms. Manjeet Kaur, Adv. with Mr. Alam Sahani, Adv., Ms. Taruna, Adv. & Ms. Garvita Sharma, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 30/10/2025 1. This petition has been filed with the following prayer:- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this writ petition in the interest of justice and; 1. Issue an appropriate writ, order or direction in the nature of Mandamus directing Respondent No.2, Regional Passport Officer, Jaipur, to renew/ reissue the passport of the petitioner for a period of 10 years. 2. Quash and set aside the impugned oral/verbal refusal made by Respondent No.2rejecting the petitioner's application for passport renewal. [2025:RJ-JP:43574] (2 of 5) [CW-14765/2025] 3. Any other order which this Hon'ble Court considers expedient, just and proper in the facts and circumstances of the case may kindly be granted in favour of the petitioner; and 4. The cost of this writ petition may kindly be awarded in favour of the humble petitioner." 2. Learned counsel for the petitioner submits that passport of the petitioner was not renewed/reissued for the normal period of 10 years as an FIR No. 43/2024 was lodged at Police Station Murlipura, Jaipur East against the petitioner for the offences punishable under Sections 279, 337 & 338 of IPC and Section 134 and 187 of Motor Vehicles Act. The trial in the said FIR is pending before the learned Judicial Magistrate No.6, Jaipur Metropolitan-II (hereinafter referred to as learned 'trial Court'). Learned counsel further submits that as per law and procedure, the petitioner can travel abroad only after due permission of the Court, therefore, the petitioner has made an application before the learned trial Court for permission for renewal of his passport and thereby, the learned trial Court vide order dated 22.08.2025 has issued no objection if the passport is renewed in favour of the petitioner by the respondents. Learned counsel also contends that vide letter dated 14.10.2025 issued to the Passport Office, Jaipur, learned trial Court has granted permission to the petitioner to travel abroad for the period from 15.10.2025 to 15.11.2025. Hence, learned counsel prays that the passport of petitioner be issued for the normal period of 10 years. 3. Learned counsel for the respondents submits that in the present matter as the criminal case is pending against the petitioner before the learned trial Court, therefore, in such [2025:RJ-JP:43574] (3 of 5) [CW-14765/2025] matters, as per the Office Memorandum issued by Government of India, Ministry of External Affairs, PSP Division dated 10.10.2019, the provisions regarding issuance of passports to the applicants who have criminal proceedings pending against them have been mentioned and the notification No. GSR 570(E) dated 25.08.1993 has also been reproduced in the said Memorandum. Therefore, as per GSR 570(E), passport of the petitioner can be issued only for a period of one year. 4. Heard learned counsel for the parties and perused the material available on record. 5. GSR 570(E) dated 25.08.1993 is reproduced as below:- "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. GSR 298(E) dated the 14th April 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-section (2) of Section 6 of the said Act, subject to the following conditions, namely: (a) the passport to be issued to every such citizen shall be issued— (i) for the period specified in order of the court referred to above, if the court specifies a period for which the passport has to be issued; or (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport [2025:RJ-JP:43574] (4 of 5) [CW-14765/2025] shall be issued for a period of one year; (iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; (iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a) (ii) and (a)(iii) above can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad; (d) the said citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued." 6. It is an admitted position in the present matter that a criminal case against the petitioner is pending before the learned trial Court and the learned trial Court vide order dated 22.08.2025 has issued no objection, if the passport is renewed in favour of the petitioner by the respondents. Thereafter, vide letter dated 14.10.2025 issued to the Passport Office, Jaipur, the learned trial Court has granted permission to the petitioner to [2025:RJ-JP:43574] (5 of 5) [CW-14765/2025] travel abroad for the period from 15.10.2025 to 15.11.2025. However, no fixed time period for which the passport of the petitioner is to be renewed/reissued has been mentioned in the aforesaid letter issued by learned trial Court. 7. Therefore, this petition is disposed of with the direction to the respondents to renew/reissue the passport in favour of the petitioner for a period of one year as per the provisions mentioned in the notification No. GSR 570 (E)(a)(ii) within a period of 7 days from today. 8. With the above directions, the petition is disposed of. 9. Stay application and pending applications, if any also stand disposed of. (ASHUTOSH KUMAR),J Mohita /227