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2025 DAILYLAW 112489 (ALL)

SUNIL KUMAR v. UNION OF INDIA AND 3 OTHERS

WRIC/42478/2024 · 2025-02-12

Arun Kumar Singh Deshwal, Ashwani Kumar Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21905-DB Court No. - 29 Case :- WRIT - C No. - 42478 of 2024 Petitioner :- Sunil Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Chandra Kant Tripathi Counsel for Respondent :- A.S.G.I.,C.S.C.,Sanjay Dwivedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. Petitioner's application for issuance of passport has been not accorded consideration on account of his implication under the Public Gambling Act, 1867. Learned counsel for the petitioner submits that petitioner as advised, has confessed his offence and has paid penalty of Rs.50/-. It is submitted that merely for such reason the issuance of passport cannot be denied to the petitioner. Learned counsel for the petitioner places reliance upon the provisions contained in Section 6(2)(e) of the Passport Act, 1967 to submit that only in cases where conviction is for above two years within the last five years that the issuance of passport can be withheld. Learned counsel representing the Passport-authorities submits that an appropriate decision would be taken on petitioner's application for issuance of passport. In that view of the matter, we permit the petitioner to approach respondent no.2 alongwith a certified copy of this order, annexing all relevant materials in support of his claim, within one week from today. The concerned authority shall examine the petitioner's claim keeping in view Section 6(2)(e) of the Passport Act, 1967, in accordance with law, by passing an appropriate order, within a further period of six weeks. With the above observation/direction, the writ petition stands disposed of. Order Date :- 13.2.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad