Rajasthan High Court
Sunil Gupta Son Of Late Umrao Singh ... vs State Of Rajasthan on 3 February, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Miscellaneous Petition No. 4765/2020
Sunil Gupta Son of Late Umrao Singh Gupta, Aged About 66
Years, Resident of 32, Madan Badi, Ambabadi, Jaipur
Metropolitan.
----Petitioner
Versus
State of Rajasthan, Through Public Prosecutor.
----Respondent
For Petitioner(s) : Mr. O.P. Mishra, Advocate through
VC
For Respondent(s) : Mr. N.S. Gurjar, PP for the State
HON'BLE MR. JUSTICE FARJAND ALI
Judgment / Order
03/02/2022
The instant miscellaneous petition has been filed by the
accused-petitioner seeking quashing of the order dated
18.11.2019 passed by the Additional Chief Metropolitan
Magistrate No.9, Jaipur Metropolitan, Jaipur in Criminal Case
No.1664/2017 titled as 'State Vs Vishnu Prasad and Anr.',
whereby, the application filed by the petitioner for permitting
the petitioner to renew his passport has been declined.
The bereft of elaborate details, brief facts for the disposal
of the instant petition are that the accused-petitioner is facing a
trial for the accusation under Section 420, 406 and 120-B of The
Indian Penal Code, 1860 and the same is pending in the Court
below.
(2 of 3) [CRLMP-4765/2020]
It is revealing that prior to the aforementioned case, the
criminal prosecution came to be launched against the
complainant of the above case for offence under Section 138 of
the Negotiable Instruments Act, 1881 at the behest of the
brother-in-law of the petitioner and it is contended that as a
counter-blast of the Negotiable Instruments Act case, a false
case has been foisted involving the petitioner in the case in
hand in which he is seeking permission for renewal of the
passport. Passport is a property of an individual which had
already been issued in favour of the holder. However, the
validity of the passport has now expired and the passport
authorities does not renew the passport in view of pendency of
a criminal case. The petitioner is a 68 years old person, his
daughter Priyanka Gupta is working and residing in Dubai, UAE.
The petitioner is also ailing with cardiac problems and a pace
maker has also been implanted in his body. He wants to go to
Dubai to see his daughter and to get check up of his disease.
The petitioner is the permanent resident of Jaiput City having
movable and immovable properties here and there is no
apprehension that he will flee from the justice or would leave
the country permanently. Since the passport authorities are not
allowing the request of the petitioner to renew the passport,
therefore, the permission has been sought from the Trial Court,
but the prayer has been rejected vide order dated 18.11.2019,
which is under asail before this Court.
Looking into the totality of the facts and circumstances of
the case, this Court deems it appropriate to quash and set aside
the order dated 18.11.2019 passed by the Additional Chief
(3 of 3) [CRLMP-4765/2020]
Metropolitan Magistrate No.9, Jaipur Metropolitan, Jaipur in
Criminal Case No.1664/2017 titled as 'State Vs Vishnu Prasad
and Anr.' and it is ordered that the pendency of aforementioned
criminal regular case No. 1664/2017 shall not be an impediment
in renewal process of the passport. The passport authorities
shall not decline the request of the petitioner on ground of
pendency of the aforementioned case.
Accordingly, the miscellaneous petition is disposed of.
(FARJAND ALI),J
Mohita /24
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