UMESH CHANDRA SHARMA
Vijay Gupta – Appellant
Versus
Union of India – Respondent
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
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 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....
Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court.
The right to renew a passport and travel abroad is protected under Article 21, requiring judicial discretion to be applied, ensuring it is not curtailed arbitrarily while considering ongoing criminal....
Point of law: Since in cases where time is not fixed by the Magistrate while granting permission, the Passport authorities are issuing passports only for one year, the period for which the accused ca....
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.