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I have heard learned counsel for the parties and examined the available record.

2 of 3 ****** Although it is provided under Section 6(2)(F) of the Passport Act, 1967, that the Passport Authority shall refuse to issue a passport or travel document for visiting any foreign country in case the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a Criminal Court in India but in the present case, so far no case is pending against the petitioner because he is not facing the trial as an accused rather his name has been kept in column No.2 of the challan. It is an altogether different matter that there is an application filed under Section 319 of the Cr.P.C. for summoning of the petitioner to face the trial as an accused but the said application has not yet been decided against the petitioner. Thus, the Police Authorities as well as the Passport Authority should not feel shy in issuing No Objection and the re-issuance of the passport respectively. However, No Objection shall be issued by the police with a note of the pendency of the criminal case in which the petitioner has been kept in column No.2 of the challan, of the pendency of the application filed under Section 319 of the Cr.P.C. and the Passport Authority shall issue the passport to the petitioner. It is also made clear that the petitioner shall not be permitted to travel abroad until and unless he obtains permission from the Court where the criminal case is pending.