Allahabad High Court
Abhishek Verma vs Union Of India Thru.Secy.Home Affairs & ... on 14 October, 2020
Author: Alok Singh
Bench: Alok Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- MISC. BENCH No. - 36186 of 2019 Petitioner :- Abhishek Verma Respondent :- Union Of India Thru.Secy.Home Affairs & Ors. Counsel for Petitioner :- Shailendra Singh Rajawat,Amitabh Agarwal,Avanindra Singh Parihar,Avanish Kumar Singh,Maitryee Singh,Mukesh Kumar Counsel for Respondent :- G.A.,A.S.G.,Prashant Singh Atal Hon'ble Alok Singh,J.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard Sri Shailendra Singh Rajawat, learned counsel for the petitioner, Sri Prashant Singh Atal,learned counsel for opposite parties no.1 and 2, Sri A.S. Parihar, learned counsel for the informant through video conferencing, learned Additional Government Advocate for opposite parties no.3 to 5 and perused the record.
This petition has been filed by the petitioner for issuance of a writ in the nature of mandamus directing the respondents to cancel/revoke the LOC issued on the recommendation of Senior Superintendent of Police, Lucknow regarding the passport of the petitioner.
It appears that on the basis of case crime no. 454 of 2012 under sections 498A,323,504, 506 I.P.C. and 3/4 of the Dowry Prohibition Act registered at Police Station Gazipur, District Lucknow against the petitioner the LOC has been issued.
Perusal of the record would reveal that the petitioner has been convicted during the trial of the aforesaid case under sections 498, 323, 506 I.P.C. and Section 4 of the Dowry Prohibition Act and has been sentenced to go rigorous imprisonment with stipulation of fine vide order dated 29.01.2019 passed by Special Chief Judicial Magistrate,Lucknow in Crime Case no.1534 of 2013 ( State Vs. Radhey Shyam Verma and others).
Perusal of the record would further reveal that having been convicted in the manner mentioned herein above, petitioner filed an appeal and vide order dated 01.02.2019 passed by the Incharge Sessions Judge, Lucknow he has been released on bail during the pendency of that appeal.
Keeping in view the above factual position, we proceed to decide this petition finally and having regard to the nature of orders we intend to pass, any order on the impleadment application moved by the informant of the above mentioned case crime, is not required.
Learned counsel for the petitioner has referred to an order dated 12.12.2019 passed by appellate court which has been placed as anneuxre no.12 to this writ petition wherein the application of the petitioner pertaining to the LOC issued against him has been rejected by the appellate court on the ground that LOC has not been issued on the instructions of the Court.
Having heard the submissions made by learned counsel for the parties and having perused the record, we are of the considered view that for all purposes petitioner is in custody of the appellate court which has released him on bail during the pendency of appeal and the prayer of the petitioner that he intends to go abroad for obvious reasons can be taken control by the appellate court on any application moved by the petitioner.
Having regard to the above facts and circumstances, we dispose of the writ petition with the direction to the Court of Sessions,Lucknow or any other court wherein Criminal Appeal No.29 of 2019 1534 arising out of Criminal Case no.1534 of 2013 with regard to Case Crime No.454 of 2012 under Sections 498A,323,504,506 I.P.C. and 3/4 of the Dowry Prohibition Act, Police-Station Gazipur, District Lucknow has been transferred to dispose of the application pertaining to the impugned LOC, which may be moved by the petitioner before the appellate court,within four weeks from its presentation, after providing an opportunity of hearing to all relevant parties by a speaking and reasoned order, in accordance with law.
Order Date :- 14.10.2020 dk/