Allahabad High Court
Vijay Kumar Agarwal vs State Of U.P. on 24 August, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:171177 Court No. - 89 Case :- APPLICATION U/S 482 No. - 31019 of 2023 Applicant :- Vijay Kumar Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Shukla,Aditya Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 01.08.2023 passed by learned Chief Judicial Magistrate, Rampur, as well as entire proceedings of Criminal Case No.433 of 2023 arising out of Case Crime No.375 of 2022 (State vs. Vijay Kumar), under Sections 33 of the Indian Forest Act, 1927 and Section 427 I.P.C., Police Station- Civil Lines and further direct him to grant No Objection Certificate/Permission for the renewal of his passport in terms of provision of Notification No.G.S.R. 570(/e), dated August 25, 1993, published in the Gazettee of India, Extra, Part II, Section 3(i) dated 25th August, 1993.
3. Learned counsel for the applicant submits that applicant has applied for renewal of passport and on account of criminal case pending against the applicant, passport authority refused to renew his license, therefore, he moved application on 17.07.2023 before Chief Judicial Magistrate concerned that passport officer has refused renewal of the passport of the applicant on the ground that police verification is not clear and on that account of First Information Report, renewal of passport is denied.
4. Learned counsel for the applicant has also placed reliance upon the a judgment of this Court in Ravindra Nath Bhargav vs. State of U.P. reported in 2019 Crl.L.J. 2991 and has placed reliance upon a notification dated 25.08.1993 of Ministry of External Affairs, Government of India, which is reproduced hereinbelow:-
"Ministry of External Affairs, Noti. No. G.S.R. 570(E), dated August 25, 1993, published in the Gazette of India, Extra., Part II, Section 3(i), dated 25th August, 1993, pp. 2-3, Sl. No. 289 [No. VI/401/37/79].
In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act, 1967 (15 of 1967) and in suppression of the notification of the Government of India in the Ministry of External Affairs No. G.S.R. 298(E), dated the 14th April, 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub-section (2) of Section 6 of the said Act, subject to the following conditions, namely :-
(a) the passport to be issued to every such citizen shall be issued -
(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or
(ii) if no period either for the issue of the passport r for the travel abroad is specified in such order, the passport shall be issued for a period of one year;
(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period of validity of the passport, the passport shall be issued for one year; or
(iv) if such order gives permission to travel abroad for a period exceeding one year, and does not specify the validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order;
(b) any passport issued in terms of (a)(ii) and (a)(iii) above can be further renewed fr one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified.
(c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;
(d) the said citizen shall give an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, appear before it at any time during the continuance in force of the passport so issued."
5. Learned counsel for the applicant submits that concerned court without applying his judicial mind and without considering the notification as issued by the Central Government, arbitrarily rejected the application by order dated 01.08.2023. The order passed by the concerned court must be a speaking order considering the prayer of the applicant and notification.
6. Learned AGA opposed the submission raised by learned counsel for the applicant and submits that order is just and proper.
7. Considering the facts and circumstances of the case, it is evident from the record that order passed on 01.08.2023 is not a speaking order as only on narrating the facts of the case, learned magistrate concerned has rejected the application. The order passed by Chief Judicial Magistrate concerned is not a speaking order. The order dated 01.08.2023 is, hereby, quashed and Chief Judicial Magistrate concerned is directed to consider the objection of the applicant in the light of notification issued by Central Government and pass a fresh order within 15 days from the date of production of certified copy of this order.
8. This application under Section 482 Cr.P.C is, accordingly, disposed of.
Order Date :- 24.8.2023 SKD