Allahabad High Court
MANORANJAN KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
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
Checking your session…