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AJAI KUMAR SRIVASTAVA I
Sapna @ Sapna Choudhary – Appellant
Versus
State of U. P. – Respondent
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 the applicant.
3. It is submitted by learned counsel for the applicant that passport was issued to the applicant by Regional Passport Office concerned. The validity of the said passport was up to year 2018. Thereafter, the applicant sought renewal of the same by means of an application bearing no.DL4073359402219 dated 13.02.2019 before Regional Passport Office, Lucknow, Ministry of External Affairs, Government of India. On seeking status of the above application dated 13.02.2019 by the applicant, Regional Pas
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.
Pendency of criminal proceedings bars the re-issuance of a passport under Section 6(2)(f) of the Passports Act, 1967; exceptions are subject to specific court orders.
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.
Clause (f) of Section 6(2) of the Passport Act, 1967 is inapplicable to post-conviction or post-acquittal proceedings.
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