JUDGMENT (Prayer: This Criminal Revision Case is filed under Section 397 read with Section 401 of Cr.P.C., to call for the records and set aside the order dated 28.06.2022 in Crl.M.P.No.631 of 2022 passed by the learned II Additional District Judge (CBI cases) at Coimbatore and direct the lower Court to issue No Objection Certificate for re-issuance of passport.) 1. This Criminal Revision Case is filed against the order dated 28.06.2022 made in Crl.M.P.No.631 of 2022 by the learned II Additional District Judge (CBI Cases), Coimbatore. 2. The petitioner, who is the 1st accused in C.C.No.2 of 2013, filed the above Crl.M.P.No.631 of 2022 before the Special Court for CBI cases, Coimbatore, seeking No Objection Certificate for reissuance of passport. The said petition was dismissed and hence, the revision. 3. The facts leading to the filing of the above petition in brief, are as under. (i) The respondent police had registered a case in RC MEI 2011 E 0013 against named accused persons for alleged offences under Sections 120-B r/w 347, 348, 506(i) of IPC and Sections 8, 10 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and the petitioner was arrayed as A6 and after completion of investigation, Final Report was submitted before the trial Court and the petitioner was arrayed as A1 in the said Final Report and the trial Court took cognizance over the said Final Report and assigned CC No.2 of 2013. (ii) The case is said to be pending. While so, the petitioner has moved the Crl.M.P.No.631 of 2022, stating that he is presently posted as Inspector General of Police and his son is studying in American University and his daughter had applied to the University College at London for LLM Course and hence, he has applied for return of the passport before the authority as prescribed under Schedule-III of the Passports Act, 1967 as per the earlier order of this Court and hence, No Objection Certificate for the reissuance of passport to the petitioner, is necessary. (iii) In the earlier round of litigation in WP No.27943 of 2019 dated 04.11.2019, this Court has mentioned that necessary permission has to be taken from the Court for the issuance of the passport. (iii) In the earlier round of litigation in WP No.27943 of 2019 dated 04.11.2019, this Court has mentioned that necessary permission has to be taken from the Court for the issuance of the passport. Before the trial Court, the respondent-CBI filed an objection stating that the case is pending without progress for long years and due to the non-cooperation of the petitioner, the case could not be proceeded further. Accepting the said contention, the trial Court has dismissed the petition and hence, the revision. 4. In the affidavit filed in support of the present Criminal Revision, the earlier proceedings taken by the petitioner under various forms and various forums has been detailed. So also in the counter affidavit filed by the respondent police, the various litigations has been enumerated. 5. The learned counsel for the petitioner relied upon the decision rendered by me in Crl.R.C.No.495 of 2018 dated 27.06.2018 [Dhanasekaran Vs. State Rp. By the Deputy Superintendent of Police, Economic Offence Wing-II, Coimbatore] 6. Heard the learned counsel for the parties and perused the materials available on record. 7. It is seen from the counter filed by the CBI that Crime No.3/2010 of EOW-II, Coimbatore pertains to cheating of the general public by K.Mohanraj, Kathiravan and Smt.A.Kamalavalli, all Director of M/s.Paazee Trading Company, Tiruppur. In compliance of the order of this Court, this case was re-registered by CBI as RC.12/E/2011 on 15.06.2011. The accused who were absconding were arrested and charge sheet was filed on 07.10.2011 before the Learned Special Judge for TNPID Cases, Coimbatore, against all the 3 accused and the companies for offences punishable under Sections 120-B of IPC r/w Section 4 of Prize Chit & Money Circulation (Banning) Act, 1978, 420 IPC and Section 5 of Tamil Nadu Protection of Depositors (in Financial Establishment) Act, 1997 on the allegations that the accused persons dishonestly promised huge returns and cheated 52893 depositors/investors to the tune of Rs.8,70,10,85,878/-. This case was taken cognizance vide C.C.No.9/2011 by the Special Court for TNPID Cases, Coimbatore. Supplementary charge sheet along with additional evidence collected was also filed before the learned trial Court on 27.02.2013. 8. This case was taken cognizance vide C.C.No.9/2011 by the Special Court for TNPID Cases, Coimbatore. Supplementary charge sheet along with additional evidence collected was also filed before the learned trial Court on 27.02.2013. 8. Pursuant to the order dated 19.04.2011 passed by this Court, Cr.No.3068 of 2009 of Tirupur North Police Station which was later transferred to CB-CID was re-registered by CBI as RC.13/E/2011 on 15.06.2011 u/s.384, 506(i), 507 IPC, Section 4 of Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002 and Section 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 against N.Rajendran, Dy.SP and others. The allegation in brief is that the police official extorted money from the Directors of M/s.Paazee Group of Companies who were accused in Crime No.3/2010 of EOW-II, Coimbatore supervised under West Zone, Shri Pramod Kumar, the present petitioner who was working as Inspector General of Police, West Zone, Coimbatore, during the relevant period was arraigned as an accused. 9. The petitioner was arrested on 02.05.2012 and enlarged on bail vide order of this Court dated 28.06.2012 in Crl.O.P.No.12056 of 2012. 10. Further, from the counter, I find that various Criminal Original Petitions, Writ Petitions, Writ Appeals and Special Leave Petitions have been filed by the petitioner leading to delay in the proceedings. Now, the petitioner has sought the No Objection Certificate for the reissuance of the passport. 11. As per Section 6(2)(f) of the Passports Act, 1967, the Passport Authority shall refuse a passport when proceedings in respect of an offence alleged to have been committed by the applicant is pending before a criminal Court in India. Since the petitioner/accused is figuring as A1 in C.CNo.2 of 2013, he falls under 6(2)(f) of Passports Act, 1967. 12. The learned Special Public Prosecutor for CBI has brought to my notice the official Memorandum No.VI/401/1/5/2019 dated 10.10.2019 issued by the Ministry of Eternal Affairs, prescribing guidelines for issuance of passports to applicants, against whom criminal cases are pending before a court of law in India. As per GSR 570(E) dated 25.08.1993, passport to such person can be issued only for a period of one year or during a period of visit abroad specified by the Court in the order. These are executive order which will not over ride the provisions contained in the Passports Act. As per GSR 570(E) dated 25.08.1993, passport to such person can be issued only for a period of one year or during a period of visit abroad specified by the Court in the order. These are executive order which will not over ride the provisions contained in the Passports Act. Further, as per the said Executive Order, it is not mandatory that Court shall issue No Objection Certificate. 13. It is also brought to my notice that even though an order has been passed by this Court in W.P No .27943 of 2019 dated 04.11.2019, the petitioner/accused never visited abroad using the passport issued to him and the schedule of the program has not been whispered in the affidavit. 14. After taking adjournment, the petitioner has filed a reply affidavit after serving a copy to the other side that the petitioner has scheduled his abroad visit from 01.09.2022 to 15.09.2022 for accompanying his son to get admission in United States of America and prayed for allowing the Criminal Revision, subject to issuance of VISA and permission of the State Government on time. 15. Admittedly, the petitioner is serving as an IPS officer and designated as Inspector General of Police and I do not find any valid reason for the petitioner to prolong the case nor he will fly away from the hands of justice. He is seeking permission so as to get prior permission from the State Government before taking up any travel abroad as he is serving as a Civil Servant for more number of years and left with three more years of service. 16. After perusing the counter affidavit and the details contained therein and the reply affidavit, regarding various proceedings referred to above, appears to be the reason for the delay in commencement of the trial in the above CC and as the petitioner is seeking 'No Objection Certificate' for reissuance of passport, as he wanted to accompany his son to pursue his higher education, who has secured admission in the United States of America, I am inclined to allow the prayer subject to the certain conditions. 17. 17. Accordingly, the order dated 28.06.2022 made in Crl.M.P.No.631 of 2022 by the learned II Additional District Judge (CBI Cases), Coimbatore is set aside and the Crl.R.C.No.929 of 2022, is allowed subject to following conditions: (i) the learned II Additional District Judge (CBI Cases), Coimbatore, is  directed to issue No Objection Certificate for re issuance of passport; (ii) After getting the Passport renewed, the petitioner shall file necessary memo to that effect before the trial Court; (iii) Immediately after obtaining prior permission from the Government and the VISA from the foreign country, which he intends to visit, the petitioner through his Advocate has to file a Memo intimating the same to the trial Court; and (iv) On arrival as per the schedule, the petitioner shall file a memo before the trial Court, intimating his arrival.