Ashok Kumar Gupta , Vidya Sagar Gupta & ... vs State Of U.P. & Ors on 21 March, 1997
So, under such circumstances, when an application has
been filed for return of the passport and also an application
has been filed for permanent exemption, the court below is
expected to pass orders of the application at the earliest
possible time. So, considering the circumstances, it
appears that the grievance of the petitioner is genuine. So,
the petition is allowed and a direction is issued to the
Judicial First Class Magistrate's Court-I, Attingal to dispose
of the application filed by the petitioner in C.C 397/2009 for
return of passport and also for permission to appear
through counsel as expeditiously as possible, at any rate,
within '10' days from the date of receipt of a copy of this
order. The court below is also directed to consider the
Crl.M.C.No. 6213 of 2015
6
dictum laid down in the decision reported in Ashok Kumar
v. State [2009 (2) KLT 712] and subsequent decision on this
aspect by this Court while considering the application for
return of passport in the pending matters.