Allahabad High Court
Smt. Neera Yadav vs State Of U.P. Thru. C.B.I. on 22 July, 2013
Bench: Naheed Ara Moonis
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 43
Case :- CRIMINAL APPEAL No. - 7834 of 2010
Order on
Criminal Misc. Application No.201095 of 2013
Appellant :- Smt. Neera Yadav
Respondent :- State Of U.P. Thru. C.B.I.
Counsel for Appellant :- S.K. Yadav
Counsel for Respondent :- N.I. Jafri,A.G.A.
Hon'ble Naheed Ara Moonis,J.
Heard Shri S. K. Yadav, learned counsel for the appellant, Shri Pranay Krishna, learned counsel appearing on behalf of C.B.I.
The instant application has been moved on behalf of appellant with a prayer to grant no objection for the renewal /reissue of the passport of the appellant, which is going to expire on 26.7.2013, and in case passport is not renewed / reissued by the passport authority, the appellant will be deprived of going to abroad to look after her daughters and grand children, who are residing in the United States.
It is submitted by the learned counsel for the appellant that after conviction awarded by the trial court in Special Case No.21 of 2002, C.B.I. Vs. Smt. Neera Yadav and others, arising out of R.C. No.3(A)/98/ACU-VII, under Section 120B IPC and Section 13(2) read with 13(1)(d) Prevention of Corruption Act, Police Station C.B.I./ACU-VII, New Delhi, the appellant had approached this Court challenging the conviction and sentence awarded vide order dated 7.12.2010, and this Court was pleased to admit the appeal and on 13.12.2010 granted bail during the pendency of the appeal. The passport issued to the appellant on 27.7.2012, bearing passport No.K4400896, which was valid for one year, is going to expire on 26.7.2013. In case the passport is not renewed / reissued by the Passport Authority, the appellant will be deprived to meet her daughters and grand children who are residing abroad.
It is further submitted that, it is provided under the Passport Act that no objection certificate is required in case the person is facing any criminal charge. Since the appeal is pending before this Court therefore this Court is competent to pass order of no objection.
Learned counsel appearing on behalf of C.B.I. has submitted that this Court may pass appropriate order since the appeal is now pending before this Court and has no objection to the prayer made by the appellant.
Considering the facts and submission, the passport authority is directed to renew / reissue the passport to the appellant named above, bearing passport No.K4400896, for such period as may deem fit.
Accordingly, this application is disposed of.
In case the passport is misused by the appellant by disobeying the terms and conditions imposed by the Passport Authority, it is always open for the C.B.I. to move an application for cancellation of the passport of the appellant.
Let a copy of this order be supplied to the learned counsel appearing on behalf of appellant on payment of usual charges.
Order Date :- 22.7.2013
Mustaqeem.
