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Judgment
8 paragraphs · 376 wordsPankaj Purohit, J
Heard learned counsel for the parties.
The writ petition has been filed by the petitioner seeking the indulgence of this Court for a direction to respondent No.2 to issue passport to the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner was issued a passport No.J7456791 by the respondent No.2, which is annexed as Annexure No.1. The passport was issued w.e.f.30.08.2011 till 29.08.2021. After expiry of the aforesaid passport, an application for renewal of it was moved by the petitioner before the respondent No.2. But, the same has not been renewed for the reason that there are two criminal cases pending against the petitioner.
It is further submitted by learned counsel for the petitioner that the petitioner has moved two separate C482 petitions before this Court and a Coordinate Bench of this Court has granted interim order on 26.04.2023 in C482 No.803 of 2023, whereby, the proceedings of Criminal Case No.3419 of 2022 State Vs. Harish Kumar and Others, was kept in abeyance qua the applicants (including petitioner herein) and in another Criminal Case arising out of the FIR No.104 of 2019 under Sections 379, 411, 420, 467, 471 & 120B IPC and under Section 26 of the Indian Forest Act registered at Police Station Gadarpur, District Udham Singh Nagar, the summoning order has been stayed by a Coordinate Bench of this Court in C482 No.684 of 2021 vide order dated 09.04.2021.
It is contended by learned counsel for the petitioner that in view of the circular dated 10.10.2019 issued by the respondent No.1, the order for permitting the Competent Authority for issuance/ renewal of the passport can be passed by the Court where Criminal Case is pending.
Since, in the case in hand, both the Criminal Cases against the petitioner is pending consideration before a Coordinate Bench of this Court under C482 application Nos.803 of 2023 and 684 of 2021, therefore, the petitioner is given liberty to move appropriate application in above C482 applications separately requesting the Court to permit Competent Authority to pass order for renewal/issuance of the passport to the petitioner, as per the circular dated 10.10.2019.
In view of the aforesaid terms, the writ petition is disposed of.