IMPORTANT POINT
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 and office memorandum issued by the Ministry of External Affairs, influenced the court's decision.

JUDGMENT :

Shamim Ahmed, J.

1. Heard Ms Priti Singh, Advocate assisted by Sri Pramod K. Tiwari, Sanklan Porwal and Sri Keshav Prasad, learned counsel for the petitioner as well as Sri Surya Bhan Pandey, learned Sr. Advocate and Deputy Solicitor General of India assisted by Sri Varun Pandey, learned counsel for the Union of India and Sri Ashok Kumar Srivastava, learned A.G.A. for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been for grant of permission/No objection for issuance of Passport to the applicant Mrs. Sapna @ Sapna Choudhary D/o Sh. Bhupender @ Bhupender Attri presently residing at: ATS Kocoon, Flat No. 5041, Section 109, Gurugram, Haryana in Case Crime No. 621/2018, under Section 406/420 I.P.C., Police Sattion Ashiyana, District Lucknow in so far it relates to the applicant, pending in the court of Additional Chief Judicial Magistrate, Court No. 29, District Lucknow be setting aside order dated 21.12.2023.

3. Learned counsel for the applicant submits that on 13.10.2018, the respondent No.2 who is posed as Sub-Inspector at Police Station Ashiyana, District Lucknow lodged a complaint/application against the applicant and others. Upon the aforesaid application on 14.10.2018, an F.I.R. got registered in Case Crime No. 0621 of 2018, under Section 406/420 I.P.C. Police Station Ashiyana, District Lucknow.

4. Learned counsel for the applicant submits that passport was issued to the applicant by Regisional Passport Office concerned. The validity of the said passport has been expired. Learned counsel for the applicant further submits that the applicant is an artist/actress and is required to travel to various destinations/countries for her performances and she is required to move application seeking permission to travel abroad every time she travels. The entire process is not only causing difficulty to the petitioner but also putting burden upon the trial court and due to the issuance of the short validity passport to the applicant, the applicant is unable to get visas for many host countries where she is required to perform or to attend functions, which is resulting in loss of business and income to the applicant and she prays for permission/NOC to get her passport renewed for the period of 10 years.

5. Learned counsel for the applicant further submits that an application was filed by the applicant before the court of Additional Chief Judicial Magistrate, Court No. 29, District Lucknow for grant of permission for renewal of passport, which was rejected by means of order dated 21.12.2023 observing therein that this Court has no jurisdiction for granting the permission of renewal of passport.

6. Learned counsel for the applicant further submits that the applicant has been falsely implicated in Crime No. 621/2018, under Sections 406 and 420 I.P.C., Police Station Ashiyana, District Lucknow and in that case, the applicant is already on bail. It is submitted that, though the criminal case pending against the present applicant is petty in nature, but now a days such criminal cases are also take a long time to be decided finally and till then it will not be proper either to withhold no objection or to refuse the renewal/reissue of passport to the applicant. She further submitted that in case applicant, is acquitted in future, then loss, which the applicant may suffer by not going abroad for the purpose of her professional work can not be compensated in any manner. Such refusal also infringes the applicant's constitutional right available to her under Article 19 & 21 of the Constitution of India.

7. In support of her argument, learned counsel for the applicant has relied upon the notification of Ministry of External Affairs, New Delhi dated 25.08.1993, which is being quoted hereunder:-

"G.S.R. 570(E).--In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External