JUDGMENT

Umesh Chandra Sharma, J.

Heard Shri Sandeep Kumar Dubey, learned counsel for the applicant, Shri Rahul Anand Gaur, learned counsel for opposite party no.1 as well as learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been filed with the prayer to direct the opposite party no.3 to issue a passport to the applicant to pursue his Technical Course (Seafarer Course) in Maritime Training Institute (MTI), Howrah. Further prayer to quash the order dated 30.5.2022 passed by Additional Chief Judicial Magistrate, Bhadohi in Case No. 7253 of 2021 (State v. Guddu and Others) and to issue a 'No Objection Certificate' for issuing a passport to the applicant for pursuing the aforesaid course.

3. In brief, facts of the case are that one Pappu Gupta lodged an F.I.R. on 17..2021 at P.S.- Aurai, under Section 325 , 323, 504 I.P.C. against the applicant and his two brothers. The father of the applicant has also filed a criminal case against the informant Pappu Gupta and his sons. In both the cases, the police filed a charge-sheet but till date charges have not been framed. After submission of the charge-sheet the trial Court has taken cognizance and the applicant was granted bail as the offences are bailable and triable by the Magistrate. Presently, the applicant is a student of B.Com IIIrd year. The MTI conducts seafarer training which is approved by the Director General of Shipping, Government of India, Mumbai which is for a period of six months and is held twice a year. The applicant applied for the said course. Under clause 9.1.(1) certain conditions for registration for admission in Maritime Training School have been prescribed. One of the conditions is 'The candidate must have a valid passport'. The copy of the brochure issued by MTI has been annexed as Annexure No. 2 to the petition. Since the applicant was not having passport, therefore, he applied for the same before opposite party no.3 and the application is annexed as Annexure No.3. On the application of the applicant, the opposite party no. 3 called for a police verification report and it appears that the police submitted report that the applicant is accused in Case No. 7253 of 2021 (State v. Guddu and Others) pending in the Court of Additional Chief Judicial Magistrate, Bhadohi at Gyanpur. The applicant having no alternative moved an application duly supported by affidavit in the aforesaid case before the Additional Chief Judicial Magistrate, Bhadohi for issuance of 'No Objection Certificate' for the purpose of issuing passport in favour of the applicant, copy of the application dated 27.4.2022 is annexed as Annexure No. 4. The learned Magistrate vide order dated 30.5.2022 held that the issue is not within his jurisdiction and hence 'No Objection Certificate' can not be issued in favour of the applicant and the application was disposed of. It is stated that the issue of passport is governed by Passports Act, 1967 and it comes under the jurisdiction of opposite party nos. 1 and 3. Under the Passports Act certain conditions have been prescribed under which the Passport Authority can refuse to issue the passport. The applicant has applied for the passport as the same is condition precedent for admission in MTI. The Hon'ble Supreme Court has held that under Article 19(1)(d) of Constitution of India the applicant is entitled to go throughout territory of India. Further, non-issuance of Passport to the applicant to pursue his studies within India is an unreasonable restriction which is violative of Article 14, 19(1) (d) and 21 of the Constitution of India. In the cas