VIJAY KUMAR VYAS,J. - (1.) This petition has been preferred against order dated 14.8.2012 passed by Metropolitan Magistrate No.33, Jaipur Metropolitan whereby prayer of the petitioner for issuance of no objection certificate for the purpose of getting passport issued from the concerned authorities was declined on the basis that a criminal case, for offence under Section 304A I.P.C. i.e. death caused by rash or negligent driving, is pending trial, learned Magistrate cannot order the Passport Officer to issue the passport to the petitioner.
(2.) Heard both the parties and perused the material available on record. As per Rules while applying for issuance of passport, if any criminal proceeding against applicant is pending then it is necessary for him to obtain "No Objection Certificate" from the concerned Court and only thereafter his application can be considered. In the instant matter, petitioner prayed for "No Objection Certificate" from Court so that he can get issued a passport in his name. The petitioner has not prayed the learned Magistrate for direction to the Passport Officer to issue a passport in petitioner's name. The matter pending before learned Magistrate's Court is pertaining to Section 304A I.P.C., since year 2010. Learned counsel for petitioner has submitted that still the trial is not over. It may cause hardship if due to pendency of a criminal case since last six or seven years, he could not get a passport issued in his name. The Court concerned should see as to whether the petitioner after getting passport will not leave forever the country and the trial would be hampered. Gravity of the offence may also be a factor for consideration. When trial is lingering on for a pretty long period such as six to seven years and offence is of Section 304A I.P.C. then in such matter declining "No Objection Certificate" is not appropriate. At the most, learned trial Court should have ensured by putting a condition on petitioner that he will submit an undertaking that he will not leave India without permission of the Court.
(3.) Therefore, the petition is allowed. Order dated 14.8.2012 passed by learned trial Court is set aside and it is directed that if petitioner submits an undertaking before learned trial Court to the effect that after getting issued the passport, he will not leave India without permission of the Court till the trial is pending against him, "No Objection Certificate" be issued to the petitioner. The petition stands allowed. Petition under Section 482 of Cr.P.C. Allowed.;