Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Seikh Tajuddin – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. nature of applications under section 528 of b.n.s.s. (Para 1 , 2) |
| 2. background and implications of the 2017 bhadrak riots (Para 5 , 6 , 7 , 9) |
| 3. state's opposition to the petitioner’s application (Para 10 , 11 , 12) |
| 4. court's examination of criminal background and trial status (Para 14 , 15 , 16) |
| 5. legal standards for passport issuance outlined by gsr no.570(e) (Para 17 , 19 , 20) |
| 6. judicial precedents on rights associated with passport issuance (Para 21 , 22 , 23) |
| 7. court's final order and rationale for quashing trial court's decision (Para 24 , 25 , 26) |
Judgment :
1. The present batch of applications have been filed by a common Accused-Petitioner in all these cases under Section 528 of B.N.S.S., 2023, which corresponds to Section 482 of Cr.P.C., with a prayer to quash/set aside the impugned order dated 06.03.2025, at Annexure-3 to CRLMC No.2583 of 2025, passed by the learned J.M.F.C. (Cog. Taking), Bhadrak in respect of G.R. Case No.708 of 2017 and similar impugned orders passed by the learned J.M.F.C. which are subject matter of challenge in the above noted CRLMC applications whereby the prayer of the Petitioner before learned Magistrate for grant of NOC in favo
Right to hold a passport and travel is a fundamental right protected under Article 21 of the Constitution, and cannot be denied solely based on pending criminal charges without due evaluation of spec....
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
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 court clarified that the trial court's rejection of the NOC for passport renewal based on pending criminal proceedings was a misinterpretation of legal provisions, allowing for administrative fun....
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 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 right to renew a passport and travel abroad is protected under Article 21, requiring judicial discretion to be applied, ensuring it is not curtailed arbitrarily while considering ongoing criminal....
The court ruled that passport renewal cannot be unjustly denied based on pending criminal charges if no explicit travel restrictions are imposed by the bail order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
