Amit Mahajan vs State Of Rajasthan And Ors

The instant misc. petition has been filed by the petitioner with a prayer to grant permission to get his passport renewed as per directions of Government of India, Ministry of External Affairs, Regional Passport Office, Mumbai.

The respondent-Complainant filed a criminal case against the petitioner before the ACJM No.5, Jodhpur Metropolitan under Section 23 of Domestic Violence Act wherein the learned trial court ordered the petitioner to pay interim maintenance of Rs.1,50,000/- per month to the respondent-complainant.

Learned counsel for the petitioner submits that the petitioner is consultant ENOC (Singapore) Company and in the aforesaid consultancy job, the petitioner is required to visit foreign countries to attend the important business meetings. Therefore the concerned authority may be directed to renew the passport of the applicants-appellants in terms of the Notification No.VI/401/37/79 dated 25.08.1993 issued by the Ministry of External Affairs, New Delhi, so that the petitioner may visit foreign country to attend business meetings between the period 01.06.2019 to 31.06.2019.

The Notification No.VI/401/37/79 dated 25.08.1993 issued by the Ministry of External Affairs, New Delhi is reproduced as under:-

"MINISTRY OF EXTERNAL AFFAIRS NOTIFICATION

New Delhi, the 25th August, 1993

G.S.R. 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.G.S.R. 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 specified 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 shall be issued for a period 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 afresh 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.

[No. VI/401/37/79]

L.K. PONAPPA, Jt. Secy. (CPV)"

Counsel for the respondent-complainant has opposed the prayer made by the petitioner.

Having heard learned counsel for the parties and having regard to the facts and circumstances of the case, the concerned authority is directed to renew the passport of the petitioner in accordance with rules, subject to the condition that he will deposit Rs.6 lacs before the trial court within a period of 15 days from today. On deposition, the trial court shall disburse the said amount of Rs.6 lacs to the respondent-complainant. The petitioner may visit the foreign countries only for the period from 01.06.2019 to 31.08.2019. However, on his return, the petitioner shall report himself before the trial court.

The misc. petition is disposed of accordingly. Stay application also decided.