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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
PANKAJ BHATIA
Sapna @ Sapna Choudhary – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
PANKAJ BHATIA, J.
1. Heard Ms. Preeti Singh, learned Counsel for the applicant as well as learned A.G.A. and Sri S.B. Pandey, learned Senior Advocate and DSGI assisted by Sri Varun Pandey, learned Counsel for the opposite parties no. 3 and 4.
2. The present application has been filed under Section 482 of Cr.P.C. challenging an order dated 30.06.2025, whereby the request of the application for grant of NOC for renewal of the passport and permit the applicant to travel abroad was rejected mainly on the ground that the applicant has not filed any document relevant for seeking the permission from the court to travel abroad like the specific period of travel, the country to which the applicant wishes to travel or for any other purpose.
3. In the light of the aforesaid, the counsel for the applicant argues that the applicant is a stage performer and performs throughout the territory of India and also outside India in various stage shows in which the applicant is invited. It is argued that in respect of a performance, which was scheduled to be held at Lucknow, in which, the applicant was to perform, however, the said show was cancelled, which led to lodging of an FIR with Case Crim
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Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
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 right to hold a passport is integral to personal liberty; arbitrary restrictions due to ongoing criminal proceedings, without conviction, are unreasonable.
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