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Neutral Citation No. - 2025:AHC:146123 Court No. - 89 Case :- APPLICATION U/S 482 No. - 37714 of 2024 Applicant :- Jagdish Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J.
1. Heard Mr. Pradeep Kumar, learned counsel for the applicant and Mr. Radhey Shyam, learned A.G.A. for the State.
2. The present application has been filed with prayer to quash the
order dated 16.09.2024 passed by learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Maharajganj in Criminal Case No.- 868 of 2012 (State Vs. Jagdish and others) arising out of Case Crime No.- 433 of 2011 under Sections 323, 504, 506 I.P.C., P.S- Ghughali, District- Maharajganj and further prayed to direct the Passport Officer, Gorakhpur to renew the passport bearing passport no. M2839330 of the applicant.
3. It is contended by the learned counsel for the applicant that vide
order impugned learned Magistrate has refused to grant no objection for renewal of passport of the applicant. Learned counsel further submits that order of taking cognizance dated 13.02.2012 against the applicant has already been set aside by the Co-ordinate Bench of this Court in Application U/s 482 No.-43165 of 2024 (Neutral Citation No.- 2025:AHC:67441). He further submits that Co-ordinate Bench of this Court had directed the learned Magistrate to proceed against applicant by treating the charge sheet as a complaint case. He further submits that at present the applicant has not been summoned to face trial in complaint case. He further submits that order impugned was passed prior to the aforesaid order of this Court and the impugned order has become infructuous.
4. On the other hand, learned A.G.A. has opposed the above
submissions of learned counsel for the applicant.
5. In view of fact that the order of taking cognizance against the applicant has already been set aside by this Court in Application U/s 482 No.-43165 of 2024 (Neutral Citation No.-
2025:AHC:67441), the order impugned has become infructuous.
6. In view of above, this application is disposed of with the direction to the applicant that he is at liberty to apprise the Regional Passport Officer regarding the above situation and the officer concerned shall act independently in taking decision for the renewal of passport of the applicant.
Order Date :- 23.8.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad