Delhi High Court - Orders
State vs Pradeep Kumar on 1 December, 2025
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~69
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 82/2020
STATE .....Petitioner
Through: Mr. Hemant Mehla, APP for State.
versus
PRADEEP KUMAR .....Respondent
Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 01.12.2025 CRL.M.A. 35709/2025 (grant of validity of 10 years for passport) & CRL. M.A. 35765/2025 (grant of permission for travelling abroad)
1. The Applicant/Respondent was an accused in FIR No. 22/2013, registered at P.S. Greater Kailash-I for the offence under Section 10 of the Protection of Children from Sexual Offences Act, 20121. By judgment dated 8th November, 2019, passed by the Additional Sessions Judge-06 (POCSO Act), South East District, Saket Courts, New Delhi, the Applicant was acquitted of the said offence. The State has challenged the aforesaid judgment in the above-captioned criminal leave petition.
2. On 17th November, 2025, while considering CRL.M.A. 33962/2025 filed by the Applicant seeking an NOC to apply for a passport, this Court held that no such NOC was warranted and disposed of the application with a 1 "POCSO"
This is a digitally signed order.
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3. The Applicant's concern in these applications is that when he approached the Passport Office again, his application was kept on hold on two grounds, first being the absence of a Court-granted permission/NOC to travel abroad, and the absence of a specific Court direction permitting issuance of a passport with a validity of 10 years.
4. The issue of permission to travel abroad as a precondition for re- applying/issuance of a passport has already been considered and dealt with in much detail in Sunil Goel v. Union of India & Ors.2 wherein it has been clarified that the Passports Act, 1967 is a self-contained code and does not mandate the securing of prior Court permission to travel abroad as a precondition for renewal/issuance of passport. Section 6(2)(f) of the Passports Act merely empowers the Passport Authority to refuse the renewal/issuance of a passport where criminal proceedings are pending, but does not envisage imposing a requirement of a Court-granted travel permission for issuance/renewal.
5. As regards the absence of a Court-specified validity period for the fresh passport, such request is equally unwarranted. Neither the Passports Act, 1967 nor the Rules framed thereunder obligate the Court, in such circumstances, to pronounce on the tenure of the passport, nor do they permit the Passport Authority to insist upon such a direction as a precondition for processing an application.3 2 W.P. (CRL) 1146/2025.
3See Kaushalya Devi v. State of NCT of Delhi CRL.M.C. 3166/2025; See also: Akash & Anr. v. State This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2025 at 21:24:44
6. In view of the foregoing discussion, there is no occasion for this Court to grant the permissions sought by the Applicant. Any insistence on such requirements is contrary to the statutory framework under the Passports Act and impermissible in law, particularly when the Applicant has already been acquitted, and his only disability, if any, arises from the pendency of the leave petition against acquittal.
7. Accordingly, the Passport Office is directed to process the Applicant's application for issuance of passport expeditiously, in accordance with the Passports Act, and the rules framed thereunder, without insisting on any prior permission/NOC to travel abroad, or a Court-specified validity period of the passport.
8. with the above direction, the present applications are disposed of.
SANJEEV NARULA, J DECEMBER 1, 2025/MK CRL. A. 147/2020.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2025 at 21:24:44