Disposed¶16

Augastin Joseph v. Union of India

Orissa HC15 Jan 2025WP(C)/28795/2024

Case brief

AI extract

What is this about?

Orissa High Court, W.P.(C) No. 28795 of 2024, decided 15.01.2025 by Justice Sashikanta Mishra. Passport refused due to pendency of criminal case; Passport Act and Government of India Notification No. GSR570(E) dated 25.08.1993 (no objection certificate requirement) invoked. Writ disposed of with liberty to reapply after obtaining NOC from concerned Criminal Court; expedited consideration directed. Keywords: passport, criminal case pendency, no objection certificate, GSR570(E), Passport Act, disposed.

What did the court decide?

Liberty to the petitioner to apply for passport afresh after obtaining a no objection certificate from the concerned Criminal Court in terms of Government of India Notification No. GSR570(E) dated 25.08.1993; the NOC application and any subsequent passport application to be considered expeditiously in accordance with law.

Augastin Joseph Vs Union of India — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose passport application was refused on account of pendency of a criminal case, may obtain a passport given the requirement of a no objection certificate from the concerned Court under Government of India Notification No. GSR570(E) dated 25.08.1993.

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Court's answer

The writ application is disposed of granting liberty to the petitioner to apply for passport afresh after obtaining the no objection certificate from the concerned Criminal Court in terms of Government of India Notification No. GSR570(E) dated 25.08.1993.

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Ratio / Principle

If the petitioner files an application for no objection certificate before the concerned Criminal Court, it shall be considered expeditiously in terms of the said Notification.

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Key takeaways

Once the petitioner obtains the no objection certificate from the Criminal Court and submits an application for grant of passport, the same shall be considered in accordance with law as expeditiously as possible.ratio¶19

Detailed headnote1 paragraphs

Writ petition under Article jurisdiction of the Orissa High Court challenging refusal of a passport application on the ground of pendency of a criminal case. The authorities had closed the application invoking the Passport Act and Government of India Notification No. GSR570(E) dated 25.08.1993, which requires a no objection certificate from the concerned Court. Disposing of the petition, the Court granted the petitioner liberty to apply afresh for a passport after obtaining the no objection certificate from the concerned Criminal Court, directed expeditious consideration of the NOC application by that Court, and directed that the subsequent passport application be considered in accordance with law as expeditiously as possible.

Augastin Joseph v. Union of India

Case brief

What is this about?

What did the court decide?

Augastin Joseph v. Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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