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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Mahmood Ali – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Swarupama Chaturvedi, J.
1. Heard Dr. S.B. Singh, learned Advocate holding brief of Sri Indra Bhan Yadav, learned counsel for the petitioner and Sri Dhurva Kant Chaturvedi, learned panel counsel for the respondent concerned.
2. This petition under Article 226 of the Constitution has been filed against the order impugned dated 16.01.2026 passed by M.P./M.L.A. Court/Additional Chief Judicial Magistrate-IVth, Saharanpur having following prayers:
“i. Issue a writ, order direction in the nature of certiorari quashing the order impugned dated 16.1.2026 (Annexure-1 to the writ petition) passed by M.P./M.L.A. Court/Additional Chief Judicial Magistrate IVth Saharanpur.
ii. Issue a writ, order direction in the nature of mandamus directing the M.P./M.L.A Court/Additional Chief Judicial Magistrate IVth Saharanpur to grant permission to petitioner to renew his passport bearing Passport No. N3475038 dated 7.10.2015 within stipulated period.”
3. The brief fact giving rise to the present petition is that the petitioner was holding passport no. N3475038 which was issued on 07.10.2015 and the same was valid up to 06.10.2025. During the subsistence of the said passport, the petitioner came to be
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....
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 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 ....
The main legal point established is that the pendency of criminal cases should not lead to denial of passport facilities, as per the Passports Act, 1967 and Rule 12 of Passport Rules, 1980, and suppo....
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....
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 pendency of a criminal case does not justify the refusal of passport services, as individuals retain their right to travel freely, protected under Articles 14, 19, and 21 of the Constitution.
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