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AJAI KUMAR SRIVASTAVA I
Sapna @ Sapna Choudhary – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. application to quash prior ruling for passport issuance. (Para 2 , 3 , 4) |
| 2. reference to past court orders regarding passport and travel. (Para 5 , 6) |
| 3. argument against passport denial due to pending criminal case. (Para 7 , 9 , 11) |
| 4. statutory framework governing passport issuance and denial. (Para 12 , 13 , 14) |
| 5. discretion of court in allowing passport issuance despite pending cases. (Para 16 , 17 , 19) |
| 6. outcome and directives for next steps in the application process. (Para 18 , 20) |
JUDGMENT
Ajai Kumar Srivastava-I, J.
Heard Sri Keshav Prasad, learned counsel for the applicant and Sri Alok Saran, learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 19.12.2022, passed by Additional Chief Judicial Magistrate, Room No.29, Lucknow in Case No.38118/2018, arising out of Crime No.621/2018, under Sections 406 & 420 I.P.C., Police Station Ashiyana, District Lucknow, whereby learned Additional Chief Judicial Magistrate, Room No.29, Lucknow has rejected the application of the present applicant for obtaining no objection certificate/permission regarding issuance of passport to th
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 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 denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
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.
Pending criminal proceedings do not bar passport renewal; authorities to process per Act, rules, notifications without routine court NOC; ordinarily 10-year validity; travel permission separate from ....
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