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IN THE HIGH COURT OF ORISSA AT CUTTACK
ADITYA KUMAR MOHAPATRA
Pradeep Pugalia – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. challenge to passport renewal denial. (Para 2 , 3 , 4 , 5) |
| 2. petitioner's arguments against the denial. (Para 7 , 9 , 11) |
| 3. respondent's stance on passport issuance. (Para 12) |
| 4. court's analysis of trial court's grounds. (Para 13 , 14 , 15) |
| 5. court's order to issue noc. (Para 16 , 17) |
ORDER :
1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
3. By virtue of the impugned order dated 19.07.2025, the trial court has rejected the application of the Petitioner filed with a prayer for grant of NOC/clearance for renewal of his passport, which had expired on 25.08.2024.
5. The factual matrix of the case, in a nutshell, is that the Opposite Party No.2 had instituted a complaint case against one Dadheech Infrastructure Private Limited and four others before the learned S.D.J.M., Bhubaneswar, which was registered as 1CC No.5092 of 2017 for commission of an offence punishable under Section 138 of N.I. Act, 1881. In the above noted complaint case, the Petitioner has been arrayed as Accused No.4 in his capacity as a whole-time Director of R.D.B. Realty & Infrastructure Ltd. The Accused No.1-Company was issued with a work order for supply and installat
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....
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 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.
The court affirmed that a passport may be denied if criminal proceedings are pending, reinforcing the requirement for a court order for permission to travel abroad as per Gazette Notification GSR 570....
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 emphasized the importance of disclosing ongoing criminal proceedings when applying for passport issuance, balancing the rights of the accused with the integrity of the trial process.
Pending criminal cases do not obstruct passport renewal if the petitioner is on bail, emphasizing the need for reasoning in judicial decisions.
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