Abhishek Mohanty v. Union of India
Passport – Renewal – Cancellation on ground of pendency of criminal case
Case brief
What is this about?
W.P.(C) No.28865 of 2024, High Court of Orissa at Cuttack, Justice Sashikanta Mishra, order dated 03.01.2025. Challenge by valid passport holder to cancellation of passport on his renewal application, based on intimation dated 24.10.2024 by the Regional Passport Office of a pending criminal case as per police verification report. Reliance on Ashok Kumar Sipani vs. Union of India and another (W.P.(C) No.30881/2022). Held: pendency of criminal case not an absolute bar to issuance/renewal of passport; GSR 570(E) route of obtaining no objection/NOC from the concerned criminal Court available; unilateral cancellation without shown prejudice to Union of India unsustainable. Writ allowed, cancellation quashed, renewal to be considered preferably by 15.2.2025.
What did the court decide?
Writ Petition allowed; impugned order of cancellation dated 24.10.2024 quashed; Passport Authorities directed to consider the application for renewal of the Petitioner's passport in accordance with law, taking note of the ratio in Ashok Kumar Sipani (supra), with a decision preferably by 15.2.2025.