IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 131 of 2011 Ishtiyak ….…… Appellant Versus The Union of India and others ……….Respondents Mr. Pankaj Miglani, Advocate holding brief of Mr. Manish Arora, Advocate for the appellant. Mr. B.P.S. Mer, Standing Counsel for the Union of India / respondent No. 1. Mr. J.P. Joshi, Chief Standing Counsel for the State / respondent No. 2. Date of Judgment: 01.07.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C.J. (ORAL) Appellant does not have a passport. In the event a case in a criminal court is pending against a citizen of India, he is not to be issued a passport. An exception thereto was made by the Government of India by a Notification, where it was provided that in the event an order of the court, before whom a criminal case is pending against a citizen, permits the citizen to depart from India, then the operations of the provisions of Clause (f) of sub-Section (2) of Section 6 of the Passport Act, 1967 will not be applicable to such citizen, subject to the conditions mentioned in the said Notification. What was contemplated in the Notification, was an order of the court. Such an order of the court can only be obtained by applying to the court before whom the criminal case is pending. Upon consideration of such an application in connection with the criminal case pending, it is open to the court to permit or not to permit what has been authorized by the said Notification. 2. It appears to us that until date, no such application has been made. Appellant, instead of filing an application in the criminal case / cases, wrote a private letter to the District Judge concerned. Refusal by the District Judge to accord permission, in the circumstances, we think, was perfectly justified. 2 3. The appeal fails and the same is dismissed. (Servesh Kr. Gupta, J.) (Barin Ghosh, C.J.) 01.07.2011 01.07.2011 Amit