Neelam@Nilam Kumar Swain Vs State of Odisha

Instant revision is filed by the petitioner assailing the impugned order at Annexure-1 passed in connection with C.T. No.110 of 2023 by the learned J.M.F.C (L.R.), Bhubaneswar, whereby, NOC for passport necessary to be furnished to the Regional Passport Office, Bhubaneswar has been declined for the reason stated.

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In course of hearing, it is submitted that the petitioner is not to misutilise any such NOC if granted by the Court as he is a business man and therefore, has applied for issuance of the passport. In support of contention that the NOC could have been granted by the learned court below, Mr. Swain, learned counsel for the petitioner produced a copy of the order dated 17^th April, 2025 of this Court in CRLMC No.1460 of 2025 in Fakira Karna Vrs. State of Odisha and further

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submits that fundamental right of the petitioner cannot be curtailed, which is guaranteed under Article 21 of the Constitution of India.

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Recorded the submission of Mr. Sahoo, learned ASC for the State, according to whom, the learned court below did not commit any error or illegality denying the NOC for the reason that he is allegedly responsible for cheating the informant for an amount of Rs.25 lac.

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The petitioner has been granted NOC in five other cases as made to reveal from Annexure-4 series. The passport has not been issued by the Regional Passport Office, Bhubaneswar with an intimation as per Annexure-2 and the same is in view of criminal cases pending against the petitioner. But, considering the fact that the petitioner is a businessman, he cannot be prevented for an indefinite period from travelling abroad as in view of the decision of this Court in Fakira Karna (supra), one has a right to hold and possess a passport, which is not merely a statutory entitlement under the Passports Act but a fundamental right to personal liberty guaranteed under Article 21 of the Constitution of India, as it has been reiterated therein. The Court is of the view that the learned court below should have issued the NOC in favour of the petitioner by imposing suitable conditions in order to avoid any such flight risk or for him to evade due process of law. In the other words, the Court is of the conclusion that the learned court below ought not to have out rightly rejected the application granting NOC but should have allowed it by

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imposing conditions adequate to ensure his attendance during enquiry and trial keeping in view the settled position of law as enunciated by the Apex Court in Maneka Gandhi Vrs. Union of India 1978(1) SCC 248 referred to in Fakira Karna (supra).

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6. Accordingly, it is ordered.

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In the result, the revision petition stands allowed. As a necessary corollary, the impugned order as at Annexure-1 is hereby set aside with a direction to the learned J.M.F.C., (L.R.), Bhubaneswar to receive property surety for an amount of Rs.25 lac from the petitioner in connection with C.T. No.110 of 2023 at the time of granting the NOC in his favour and by imposing such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

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8. Urgent copy of this order be issued as per rules.

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(R.K. Pattanaik) Judge

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Rojina

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 23-Oct-2025 11:06:13

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Neelam@Nilam Kumar Swain v. State of Odisha

Case brief

What is this about?

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Neelam@Nilam Kumar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

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