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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Mohd Imran Khan S/o Babu Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present criminal writ petition, preferred under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner seeking modification of the order dated 15.07.2025 passed by the learned Additional Chief Judicial Magistrate, Ladnun, District Deedwana, Rajasthan, in Criminal Regular Case No. 62/2019, arising out of FIR No.133/2016 registered at Police Station Ladnun, District Nagaur, for the offences punishable under Sections 147, 148, 149, 341, 323 and 325 of the Indian Penal Code.
1.1 By way of the present petition, the petitioner seeks limited modification of the aforesaid order to the extent of permitting renewal/re-issuance of his passport bearing No. AE493286 for a period of ten years, instead of one year, along with consequential permission to travel abroad.
2. Briefly stating the facts of the case that the petitioner, an accused on bail in Criminal Regular Case No. 62/2019 arising out of FIR No.133/2016 for offences under Sections 147, 148, 149, 341, 323 and 325 IPC, has been facing trial for the last seven years and seeks modification of the order dated 15.07.2025 whereby his passport w
The right to hold a passport is integral to personal liberty; arbitrary restrictions due to ongoing criminal proceedings, without conviction, are unreasonable.
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.
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
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 travel abroad is a fundamental right under Articles 19 and 21 of the Constitution, and passport issuance must consider relevant legal notifications and judicial discretion.
The right to travel abroad is a fundamental right under Article 21, and mere pendency of a criminal case cannot justify the denial of passport issuance.
The court ruled that the renewal of a passport cannot be denied solely due to pending criminal proceedings, especially when such proceedings are stayed and no restraint is imposed by the trial court.
The pendency of a criminal case does not justify the refusal of passport services, as individuals retain their right to travel freely, protected under Articles 14, 19, and 21 of the Constitution.
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