[2025:RJ-JP:44154] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18341/2022 Gopal Prasad Gupta S/o Late Shri Bhagwati Prasad Gupta, Aged About 74 Years, Resident Of House No. 1, Vidyut Nagar-A, Ajmer Road, Jaipur, Rajasthan. ----Petitioner Versus 1. Union Of India, Through Secretary, Ministry Of External Affairs, New Patiala House, Tilak Marg, New Delhi- 110001. 2. The Regional Passport Office, Jaipur, Through Regional Passport Officer, J-14, Jhalana Institutional Area, Jhalana Doongari, Jaipur-302051 (Raj.) ----Respondents For Petitioner(s) : Ms. Pallavi Mehta, Adv. For Respondent(s) : Mr. Ashish Kumar, CGPC Mr. Digvijay Singh, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 03/11/2025 1. The present petition has been filed by the petitioner with the following prayer:- "It is therefore, most respectfully prayed that in the facts and circumstances of the case as detailed hereinabove, this writ petition may be allowed and the order/letter dated 18.12.2021 and 16.03.2022 may be quashed and set aside. furthermore, the Respondents may be directed to renew and issue passport to the petitioner at the earliest. [2025:RJ-JP:44154] (2 of 5) [CW-18341/2022] Any other order, which is just and proper in the facts and circumstances of the case, may kindly be passed." 2. Learned counsel for the petitioner submits that the petitioner having a Passport bearing No.Z062157, which was issued in his favour on 18.01.2001 and was renewed on 04.08.2010 (Renewed Passport bearing No.Z1996018) and valid upto 03.08.2020. Learned counsel further submits that the petitioner filed an application for renewal on 04.11.2020, however, the Passport Office rejected the application on the ground of pendency of a criminal case arising out of FIR No.628/2008 registered at Police Station, Vaishali Nagar, Jaipur for the offences punishable under Sections 420, 467, 468, 471 and 120-B of IPC, before learned trial Court. 3. Learned counsel for the petitioner prays that the petition be disposed of with the liberty to the petitioner to apply for 'No Objection Certificate' before learned trial Court and thereafter, apply afresh for renewal of his passport before the Passport Office, Jaipur. Learned counsel also prays that the respondents be directed to decide the said application in a time bound manner and renew the passport in favour of the petitioner. 4. Learned counsel for the respondents submits that in the renewal application, the petitioner concealed the information regarding pendency of the criminal case against him, therefore, the said application was rejected. Learned counsel further submits that if the petitioner wants to get his passport renewed, then he has to follow the procedure enumerated under the Office Memorandum issued by Government of India, Ministry of External Affairs, PSP Division dated 10.10.2019, wherein, the Notification [2025:RJ-JP:44154] (3 of 5) [CW-18341/2022] No.GSR 570(E) dated 25.08.1993 has been referred. According to the said notification, the petitioner has to take 'No Objection Certificate' from learned trial Court, where the criminal trial against the petitioner is pending. Learned counsel contends that if the petitioner submits the 'No Objection Certificate', then the Passport Authorities will have no objection for renewal of his passport. Therefore, the passport of the petitioner shall not be renewed without following the procedure laid down under the Notification No.GSR 570(E). 5. Heard learned counsel for the parties and perused the material available on record. 6. The notification No.GSR 570(E) dated 25.08.1993 is reproduced as below:- "GSR 570(E)-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 [2025:RJ-JP:44154] (4 of 5) [CW-18341/2022] (ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport 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; or (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 give 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." 7. In view of the aforesaid discussions, the present petition stands disposed of with the liberty to the petitioner to apply for 'No Objection Certificate' before learned trial Court, where trial against him is pending and thereafter, apply afresh for renewal of his passport, after receipt of the 'No Objection Certificate' before the Passport Office, Jaipur. The respondents shall be under obligation to decide the same within a period of one month from the receipt of the application. [2025:RJ-JP:44154] (5 of 5) [CW-18341/2022] 8. Stay application and any other pending applications also stand disposed of. (ASHUTOSH KUMAR),J AARZOO ARORA /125