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FARJAND ALI
Lokendra Singh S/o Shri Prayag Singh – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The instant Criminal Misc. Petition under Section 482 Cr.P.C. (Section 528 BNSS, 2023) has been filed by the petitioner being aggrieved from the order dated 14.11.2024 passed by learned Chief Judicial Magistrate, Jaisalmer in Criminal Main Case No. 308/2022 whereby the learned Court has rejected the application filed by the petitioner for issuance of passport.
2. Brief facts of the case are that on 24.10.2022, an FIR No. 310/2022 has been registered at Police Station, Jaisalmer against the petitioner for the offences under Sections 447, 427, 458, 392, 323 and 34 of the IPC. After investigation a challan has been filed against the petitioner. Afterwards, the learned trial Court has taken cognizance and charges have been framed against the petitioner and currently the trial is at the stage of evidence. The petitioner wants to travel abroad for earning his livelihood and under such circumstances, the petitioner applied for issuance of passport on 29.10.2024 before the Passport Authorities. Also, filed an application seeking permission of the learned trial Court for issuance of the passport. The trial Court vide order dated 14.11.2024 rejected the said application. Hence, this
The mere pendency of a criminal case does not automatically bar passport issuance; personal liberty must be considered.
The right to travel abroad is a fundamental human right, and restrictions must comply with due process of law.
The right to travel abroad is a fundamental right under Article 21, subject to reasonable restrictions, and cannot be denied arbitrarily to an accused not convicted of any offense.
The right to hold a passport is integral to personal liberty; arbitrary restrictions due to ongoing criminal proceedings, without conviction, are unreasonable.
Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court.
The right to renew a passport is part of personal liberty and cannot be arbitrarily restricted without due process, particularly when the individual is not convicted.
Point of law: Since in cases where time is not fixed by the Magistrate while granting permission, the Passport authorities are issuing passports only for one year, the period for which the accused ca....
The mere pendency of criminal proceedings does not justify the denial of passport issuance, reaffirming the right to personal liberty and travel under Article 21 of the Constitution.
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