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 cases.

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 implicated in Case Crime No. 127 of 2022 registered at Police Station Mirzapur, District Saharanpur. Thereafter, a show cause notice bearing no. S.C.N./323095228/23 dated 25.01.2023 was issued to the petitioner under Section 10(3)(e) of the Passports Act, 1967 requiring him to explain the alleged suppression of material information in the passport application regarding criminal proceedings pending before the Court. Subsequently, the passport of the petitioner was impounded by the order dated 27.02.2023 passed by the respondent no.3, under the provisions of Section 10(3)(e) of the Passports Act, 1967.

4. The petitioner came to know about the impounding order dated 27.02.2023 after being released from jail and thereafter approached this Court in Mahmood Ali vs. Union of India and 4 Others , Writ-C No. 42705 of 2025, which was disposed by this Court vide its order dated 04.12.2025. Relevant part of the order is reproduced below for easy reference:

“5. However, in paragraph '18' of the petition, it is disclosed that the said FIR was registered against the petitioner in the year 2022, whereas the passport was renewed on 07.10.2015 and its validity expired only on 06.10.2025. Therefore, it is clear from the undisputed fact that the criminal case against the petitioner came to be registered during the validity of the previous passport, which was renewed in the year 2015 for which the petitioner cannot be held at fault. However, as on date, as the validity of the passport was been impounded has already expired, the petitioner shall move a fresh application in accordance with Pawan Kumar Rajbhar Vs. Union of India & 2 Ors.: Neutral Citation No.- 2024:AHC:9963-DB and Rahimuddin Vs. Union of India and another (Writ-C No.34412 of 2025) before the learned court below, to seek permission and thereafter move a fresh application for renewal of the passport. The respondent shall consider the said application, uninfluenced by the earlier order of impounding, which has been passed as that passport has already expired.

With these directions, the petition stands disposed of.”

5. In compliance of the aforesaid order, the petitioner moved the application before learned magistrate, praying for the appropriate order required for his passport renewal. The learned Magistrate, however, by order dated 16.01.2026 rejected the application of the petitioner while recording that a charge sheet had already been submitted against the accused and