ASUTOSH AMRIT PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition involves the following prayer:

(2.) Background involving the case is that petitioner being a working professional working in oilfields in the UAE. For the material disclosure in the writ petition, it appears petitioner has a contractual service in a firm in UAE with 30 days renewal basis. Having a passport bearing No. J0813101 already granted, petitioner is continuing with his service on the basis of visa granted by the competent authority going to be expired on 17/5/2022. It is finding the passport going to expire, as a consequence rendering Visa becomes infructuous, petitioner made an application for renewal of the passport to get Visa continuity in order to continue his service in the overseas oilfields. It is averred on the application being filed, petitioner has been served with a communication by the opposite party no.2, Regional Passport Officer, Regional Passport Office, Bhubaneswar thereby declining to entertain the request of the petitioner on the issue of renewal of passport on the shortcomings by way of pendency of 2 criminal cases at least against the petitioner and thus declined to entertain the request of the petitioner vide Annexure-2 herein giving rise to the filing of the present writ petition.

(3.) Being aggrieved by such communication, filing the writ petition, petitioner pleaded that looking to the nature of offence involved and further the complaint involved therein being at the instance of his wife for involvement of difference between the husband and wife. Petitioner claims that until unless there is final outcome in such criminal proceedings, petitioner remaining in the status of accused, mere pendency of such criminal proceedings should not come in the way of the renewal of passport and consequential grant of Visa. It is in the above premises, the writ petition is filed seeking a direction from this Court to the Passport Authority to allow the renewal of the petitioner 's Passport bearing Passport No. J0813101 in facilitating grant of Visa accordingly.