Monu vs Union Of India Thru.Secy.Of ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- APPLICATION U/S 482 No. - 808 of 2022
 

 
Applicant :- Monu
 
Opposite Party :- Union Of India Thru.Secy.Of Exter.Aff.Mini.Central Sectt. And Others
 
Counsel for Applicant :- Amit Tripathi,Rashmi Rajvanshi
 
Counsel for Opposite Party :- G.A.,Varun Pandey
 

 
Hon'ble Karunesh Singh Pawar,J.

1. By means of present petition under Section 482 CrPC, the petitioner has prayed that learned Chief Judicial Magistrate, Ambedkar Nagar may be directed to consider and decide the application dated 3.2.2022 for issuing of passport, in Crl. Case No.12809 of 2021 arising out of case crime No.160 of 2018 under sections 323, 506, 427 I.P.C., P.S. Jalalpur, district Ambedkar Nagar (State vs. Bilal Ashraf and others) in the light of notification No.GSR570(E) dated 14.4.1976.

2. Heard learned counsel for the petitioner and learned A.G.A. for the State as also Mr. Deepanshu Das, Advocate appearing for respondents 1 and 3.

3. Short submission of learned counsel for the petitioner is that his application for according approval for issuing passport is pending adjudication before the Court of Chief Judicial Magistrate, Ambedkar Nagar which may be decided expeditiously, in the light of judgment dated 20.11.2018 passed in Misc. Bench No.31723 of 2018 Salim Khan versus Union of India and others.

It is submitted that on due consideration to the notification issued under section 22 of the Passport Act, 1967 issued by the Central Government, the Division Bench of this Court in the case of Salim Khan (supra) has held that restriction under section 6(2)(f) of Passport Act was not absolute and the same can be relaxed in appropriate cases with the permission of the Court in which the criminal proceedings are pending.

It is submitted that his application, Annexure No.1 to the petition, may be directed to be decided expeditiously in view of the aforesaid judgment as well as notification of the Government of India, mentioned therein.

4. Learned counsel for Union of India submits that the passport of the petitioner has not been refused by the passport authority as per his written instructions, however, a show cause notice was issued to the petitioner, to which he has not submitted any reply till date.

However, learned counsel for the Union of India and learned A.G.A. have no objection to the innocuous prayer of the petitioner that his pending application may be considered and decided expeditiously.

5. In view of above, with the consent of parties' counsel and without entering in to the merit of the case, the petition is disposed of with direction to the concerned Chief Judicial Magistrate that in case the application dated 3.2.2022 is pending before him, the same be decided expeditiously, preferably within two months from the date of production of a certified copy of this order, as per law.

Order Date :- 6.4.2022

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