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2025 DAILYLAW 112556 (ALL)

VIJAY GARG v. STATE OF U.P.

CRLR/6681/2024 · 2025-03-18

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39901 Court No. - 82 Case :- CRIMINAL REVISION No. - 6681 of 2024 Revisionist :- Vijay Garg Opposite Party :- State of U.P. Counsel for Revisionist :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Manjive Shukla,J. 1. Heard learned counsel appearing for the revisionist and learned Additional Government Advocate appearing for the State. 2. The instant criminal revision has been filed challenging therein, the order dated 23.9.2024 passed by the learned Chief Judicial Magistrate, Kanpur Nagar in Criminal Case No.20560 of 2020 (State Vs. Vijay Garg) whereby, the trial court had provided that there is no prohibition imposed by any authority or any court on renewal of the passport of the revisionist therefore, the passport of the revisionist may be renewed as per the provisions made in the Passports Act, 1967 and the notification dated 25.8.1993 issued by the Ministry of External Affairs. 3. Learned counsel appearing for the revisionist, at the very outset, has submitted that the only difficulty with the revisionist is that after the order passed by the trial court, the passport authorities are renewing his passport only on yearly basis because in the order it has been mentioned that the passport is to be renewed as per the notification issued on 25.8.1993. 4. Learned counsel appearing for the revisionist prays that the revisionist may be permitted to file a fresh application before the learned Chief Judicial Magistrate, Kanpur Nagar and there he may be heard and his application may be decided as his passport is liable to be renewed in terms of the provisions made in Rule 12 of the Passport Rules, 1980. 5. In view of the limited prayer made by the learned counsel appearing for the revisionist, the revisionist is permitted to file a fresh application before the learned Chief Judicial Magistrate, Kanpur Nagar for necessary modification in the order dated 23.9.2024 and if the said application is filed, learned Chief Judicial Magistrate, Kanpur Nagar shall consider and decide the said application in accordance with law. 6. With the aforesaid direction, this revision is finally disposed of. Order Date :- 19.3.2025 Salim Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad