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Allahabad High Court

MANORANJAN KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

Mere pendency of criminal proceedings cannot by itself justify withholding a passport, but permission to travel abroad may be denied where the applicant fails to disclose material particulars of the proposed travel.

Summary

Manoranjan Kumar applied under Section 528 of the BNSS seeking quashing of an order that denied the release of his passport and permission to travel abroad. The applicant had deposited his passport with the police after obtaining anticipatory bail, but the trial court rejected his request for travel permission due to lack of details about the purpose, nature of business, destination, and duration of the proposed trip. The High Court held that while the applicant must disclose such particulars for travel permission, the mere pendency of criminal proceedings cannot be a ground to continue retaining his passport. Consequently, the court modified the impugned order to release the passport but upheld the denial of travel permission. The application was partly allowed, and the applicant was directed to file a fresh application with full particulars if he wishes to seek travel permission.

Issues considered

  • Whether the mere pendency of criminal proceedings justifies denial of a passport.
  • Whether an applicant must disclose specific details of intended foreign travel to obtain permission for travel abroad.

Legislation cited

  • Bail and Non-appearance Section (BNSS) — s. 528
  • Indian Penal Code — s. 408, 420, 467, 468, 471

Subjects

  • passport
  • travel abroad
  • criminal proceedings
  • right to personal liberty
  • Section 528 BNSS
  • anticipatory bail
  • release of passport

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 528 BNSS No. - 27509 of 2026

Manoranjan Kumar
                                                                 .....Applicant(s)
                                     Versus
State of U.P. and Another
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)                      :   Anand Kumar Pandey
Counsel for Opposite Party(s)                 :   G.A., Sanjay Dwivedi

Court No. - 79
                 HON'BLE SAURABH SRIVASTAVA, J.

1. Heard Sri Anand Kumar Pandey, learned counsel for the applicant and Sri
Kuldeep Singh Chauhan, learned counsel appearing on behalf of Union of
India.

2. By means of the instant application filed under Section 528 BNSS, the
applicant has sought quashing of order dated 05.06.2026 passed by learned
Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court
No.7, Ghaziabad in Case no. 49 of 2024 (State vs. Manoranjan Singh and
others), arising out of Case Crime No.6 of 2023, under Section 408, 420,
467, 468, 471 IPC, P.S. Link Road, District Ghaziabad whereby application
preferred at the behest of applicant seeking release of his passport alongwith
permission to travel abroad, was rejected.

3. Brief facts of the present case are that applicant preferred an application
on dated 25.05.2026 before learned court concerned seeking release of his
passport which was already deposited by him before concerned police
station in pursuance of dated 06.05.2024 through which anticipatory bail was
extended in favour of applicant. Apart from release of his passport, applicant
was also sought permission of travel abroad for his business purpose through
the application dated 25.05.2026 which was rejected by learned Additional
Civil Judge (S.D.)/Additional Chief Judicial Magistrate vide impugned order
dated 05.06.2026 which impugned the present application.

4. While challenging the order dated 05.06.2026, learned counsel for
applicant submitted that in catena of judgments, Hon'ble the Apex Court as
well as this Court, it has been held that citizens of the country are entitled for
the passport and mere pendency of a criminal case could not be ground to
deny passport facilities to applicant since applicant's right to personal liberty
                                                                                              NA528 No. 27509 of 2026
                                                                     2

                                    not only included applicant's right to travel abroad, but also applicant's right
                                    to possess or hold a passport, therefore, order impugned may be set aside.

                                    5. Sri Kuldeep Singh Chauhan, learned counsel for Union of India
                                    vehemently opposed the prayer sought through the instant application and
                                    supported the order impugned.

                                    6. On due consideration of the arguments advanced by learned counsel for
                                    the parties, perusal of the records and the impugned order, it is apparent that
                                    while seeking permission to travel abroad, applicant failed to disclose the
                                    nature of his business, specific purpose for which he intended to travel
                                    abroad and the period for which he proposed to remain outside the country.
                                    In the absence of such material particulars, learned court concerned cannot
                                    be said to have committed any illegality in rejecting the prayer of the
                                    applicant for permission to travel abroad.

                                    7. In sofar as the prayer for release of the passport is concerned, the same
                                    stands on a different footing. Mere pendency of criminal proceedings cannot,
                                    by itself, be a ground for continued retention of the passport, particularly
                                    when no specific reason has been assigned for withholding the same.
                                    Accordingly, the impugned order dated 05.06.2026 is liable to be modified
                                    to the extent of the applicant's prayer for release of his passport.

                                    8. In view thereof, order dated 05.06.2026 passed by learned Additional
                                    Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No.7,
                                    Ghaziabad is modified to the extent that the passport of the applicant shall be
                                    released in his favour in accordance with law.

                                    9. Accordingly, the instant application is partly allowed.

                                    10. However, it is made clear that applicant will be at liberty to prefer a fresh
                                    application before learned court concerned disclosing therein the nature of
                                    his business, specific purpose of his proposed foreign travel, the country or
                                    countries proposed to be visited and the period for which he intends to
                                    remain abroad. In the event such an application is filed, learned court
                                    concerned shall consider and decide the same in accordance with law and on
                                    its own merits, without being influenced by the observations made in the
                                    present order.

                                    September 8, 2026
                                    Vivek Kr.
                                                                                          (Saurabh Srivastava,J.)




Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad


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