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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
| Table of Content |
|---|
| 1. rejection of passport application due to lack of documentation. (Para 2) |
| 2. applicant's case for traveling abroad linked to stage performances. (Para 3 , 4 , 5) |
| 3. arguments on legal framework of passport issuance. (Para 6 , 7) |
| 4. lack of material evidence for flight risk. (Para 8 , 9) |
| 5. legal interpretative analysis of the passport act. (Para 10 , 11 , 12) |
| 6. court’s directive to issue passport for 10 years. (Para 13 , 14 , 15 , 16) |
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.
The court ruled that passport renewal cannot be unjustly denied based on pending criminal charges if no explicit travel restrictions are imposed by the bail order.
The court clarified that individuals facing criminal proceedings can obtain passport renewals based on trial court permits, without needing a separate order to depart from India, affirming the limita....
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 ....
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 ....
The Supreme Court clarified that the right to renew a passport is not absolute when criminal proceedings are pending, as long as judicial permissions are in place to regulate travel, ensuring the bal....
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.
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