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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
YASHVIR SINGH RATHOR
Atma Ram – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
YASHVIR SINGH RATHOR , J.
1. Present petition has been instituted under Section 528 of BNNS, 2023 for quashing order dated 04.11.2025 (Annexure P-4) passed by learned Additional Sessions Judge, Special Judge, Fast Track under NDPS Act, Fatehabad in case titled as State Vs. Atma Ram in FIR No.82 dated 27.02.2020, under Section 15 /61/85 of NDPS Act, 1985 registered at Police Station Sadar, Fatehabad whereby permission to apply and obtained the passport from the concerned authority was rejected and further directed the ld. Trial Court to grant the permission to the petitioner for apply and obtain the passport.
2. Now, the petition in hand has been instituted seeking permission to apply for passport before the passport authority.
3. Learned counsel for the petitioner contends that present petition has been filed seeking permission of this Court to apply for issuance of a passport. In view of office memorandum dated 10.10.2019 by the Government of India, Ministry of External Affairs PSP Division regarding issuance of passports to the persons against whom criminal cases are pending. Infact, the petitioner’s daughter namely Priyanka is studying abroad in the University at Buffalo
The court affirmed the right to apply for a passport despite pending criminal proceedings if a No Objection Certificate from the court is provided, emphasizing the necessity of judicial oversight ove....
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 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 court affirmed the necessity for applicants with pending criminal cases to seek no objection certificates from relevant courts, highlighting the importance of flexibility in applying passport reg....
The issuance of a passport during the pendency of a criminal case is at the discretion of the court and depends on various factors such as the nature of the alleged offense and the stage of the trial....
The renewal of a passport must follow the same procedures as a fresh application, particularly regarding pending criminal proceedings, necessitating court permission per the Passports Act.
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
Ongoing criminal proceedings can bar regular passport issuance under Section 6(2)(f) of the Passports Act, while allowing for a short validity passport contingent on court approval.
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....
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