- (1.) Heard Sri Durgesh Kumar Singh, learned counsel for the petitioner, Sri S.B. Pandey, learned Assistant Solicitor General of India for the opposite parties no. 1 and 2 and learned Additional Chief Standing Counsel for the State.
(2.) The contention of learned counsel for the petitioner is that there is a criminal case pending against him in the Court of Criminal jurisdiction for an offence under Section 504, 506, 353 I.P.C. & 3(1)(x) SC/S.T. Act but he says that he wants to go for pilgrimage and needs a Passport for the same.
(3.) We find that as per Section 6(2)(f) of the Passport Act, 1967 one of the grounds for non issuance of a Passport is that proceedings in respect of an offence alleged to have been committed by the applicant are pending before the Criminal Court in India. Of course this provision is subject to the other provisions in this Act. Now, we find that in exercise of powers under Section 22(a) of the Passport Act, 1967 the Central Government has issued a notification dated 25th August, 1993 which reads as under:- JUDGEMENT_100_LAWS(ALL)11_2018_1.html ;