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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
APARESH KUMAR SINGH, G.M.MOHIUDDIN
Nidhi Agarwal – Appellant
Versus
Union of India, Representing by its Under Secretary, Ministry of External Affairs – Respondent
| Table of Content |
|---|
| 1. factual background regarding the petitioner’s status. (Para 2) |
| 2. arguments around passport issuance restrictions. (Para 3 , 4) |
| 3. court’s observations on provisions of gsr 570(e). (Para 5 , 6 , 7 , 8) |
| 4. court directions for approaching the lower court. (Para 9 , 10) |
| 5. final conclusion and disposal of the writ petition. (Para 11) |
ORDER :
Learned counsel Sri T.Sharath appears for the petitioner.
Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, appears for respondents No.1 to 4.
2. The petitioner is under H-1B visa working as a Software Engineer in Meta Platforms INC at California, United States of America (USA), whose passport bearing No.Z3501823 in File No.BN2079075529516 issued on 20.01.2016 is going to expire on 19.01.2026. According to the petitioner, she has been implicated in a criminal case under Section 498A of the Indian Penal Code, 1860 ( IPC ), and Sections 3 and 4 of the Dowry Prohibition Act, 1961, as accused No.6 by the estranged sister-in-law i.e., wife of her brother in First Information Report (FIR) No.192/2024 dated 07.03.2024 in which a charge sheet has been filed by the police upon investigation. The matter is pending before the learned
The court affirmed the necessity for applicants with pending criminal cases to seek no objection certificates from relevant courts, highlighting the importance of flexibility in applying passport reg....
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....
The court affirmed that a passport may be denied if criminal proceedings are pending, reinforcing the requirement for a court order for permission to travel abroad as per Gazette Notification GSR 570....
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 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....
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.
Ongoing criminal proceedings can bar regular passport issuance under Section 6(2)(f) of the Passports Act, while allowing for a short validity passport contingent on court approval.
The renewal of a passport must follow the same procedures as a fresh application, particularly regarding pending criminal proceedings, necessitating court permission per the Passports Act.
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 denial of passport renewal due to pending criminal proceedings is justified under Section 6(2)(f) of the Passports Act, 1967, applicable to all forms of passport issuance.
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