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2025 DAILYLAW 113099 (ALL)

GAURAV AGRAWAL v. UNION OF INDIA AND ANOTHER

WRIC/43664/2024 · 2025-02-16

Ashwani Kumar Mishra, Vipin Chandra Dixit

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22265-DB Court No. - 29 Case :- WRIT - C No. - 43664 of 2024 Petitioner :- Gaurav Agrawal Respondent :- Union Of India And Another Counsel for Petitioner :- Brijesh Kumar Pal,Kirtiman Singh Counsel for Respondent :- A.S.G.I.,Rajesh Kumar Jaiswal Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. Heard learned counsel for the petitioner and Sri Rajesh Kumar Jaiswal, learned counsel for the respondents. Petitioner's application for issuance of passport has been delayed on account of his implication in Case Crime No.162 of 2020, P.S. Jamunapar, District Mathura under Section 188 I.P.C. It appears that petitioner has already confessed his guilt and has been let off on deposit of Rs.100/- as penalty. Subsequently the prosecution has also been withdrawn under Section 321 Cr.P.C. Once that be so, according to the petitioner the authorities cannot withhold issuance of passport, inasmuch as none of the exigency attracting Section 6(2)(e) of the Passports Act are shown to exist in the facts of the case. Learned counsel for the respondent submits that the Regional Passport Officer shall take appropriate decision in light of the same. In that view, we dispose of the writ petition with the direction upon the second respondent to consider the issue keeping in view the provision of Section 6(2)(e) of the Passports Act as also the fact that criminal proceedings have already been concluded in the matter, as indicated above. Such decision would be taken within six weeks from the date of production of certified copy of this order. Order Date :- 17.2.2025 Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad