Magistrate can decide the application for renewal of passport even if the case involves offences triable by Sessions Court

Allahabad High Court Affirms Magistrate's Authority in Passport Renewal for Cases Pending Cognizance. Court Sets Aside Lower Court's Order, Directs Fresh Evaluation on Passport Renewal Application

In a significant ruling on October 14, 2025, the Allahabad High Court, Lucknow Bench, presided by Justice Rajeev Singh, clarified the jurisdictional authority of Magistrates in matters concerning passport renewal applications. The case, Smt. Neha Arora v. State of U.P., revolved around the rejection of an application for a no objection certificate (NOC) for passport renewal by the Additional Civil Judge, Lucknow. The High Court's decision emphasized that Magistrates hold the authority to decide on such applications, even if the offences involved are triable by a Sessions Court, provided the case is pending before the Magistrate after cognizance has been taken.

The applicant, Smt. Neha Arora, had filed a petition challenging the order dated August 13, 2025, which denied her request for an NOC to renew her passport. The case was under trial for several charges under the Indian Penal Code, including sections 323, 328, 376, 384, 504, and 506, one of which necessitated a trial by a Sessions Court. Despite this, the case had not yet been committed to the Sessions Court, remaining under the jurisdiction of the Magistrate.

The High Court referred to precedents, notably the Supreme Court's decision in Rajender Kumar Jain v. State (1980), which asserted that the Magistrate is competent to decide on applications even for cases triable by a Sessions Court, as long as the case is still pending before the Magistrate. The judgment also took into account the Office Memorandums issued by the Ministry of External Affairs on October 10, 2019, and December 6, 2024, which authorize the court where the case is pending to issue NOCs for passport renewal or international travel.

The court criticized the lower court's rejection of Arora's application on technical grounds, urging that such decisions should be made on their merits. The High Court set aside the previous order, directing the competent court to pass a fresh order on the application within three weeks. Additionally, it instructed the lower court to ensure the case's committal to the Sessions Court.

The ruling underscores the need for judicious application of legal provisions concerning jurisdiction and procedural fairness, especially in cases where personal liberties, such as the right to travel, are at stake.

Bottom Line:

Magistrate has the authority to decide the application for renewal of passport even if the case involves offences triable by Sessions Court, provided the case is pending before the Magistrate after cognizance.

Statutory provision(s): Criminal Procedure Code, 1973 Section 321, Section 482, IPC Sections 323, 328, 376, 384, 504, 506.

Smt. Neha Arora v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2800509