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2025 DAILYLAW 128261 (ALL)

UMESH PRATAP SINGH v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND 2 OTHERS

CRLP/2123/2025 · 2025-08-01

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44706 Court No. - 13 Case :- CRIMINAL MISC. WRIT PETITION No. - 2123 of 2025 Petitioner :- Umesh Pratap Singh Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 2 Others Counsel for Petitioner :- Janardan Singh Counsel for Respondent :- A.S.G.I.,G.A. Hon'ble Saurabh Lavania,J. Heard Sri Janardan Singh, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. This petition under Article 226 of the Constitution of India has been filed seeking following main relief(s) :- "(i) issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.02.2025 passed by the Judicial Magistrate-II, Gonda, contained as Annexure no.1 to the writ petition. (ii) issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties particularly opposite party no.2 to consider and reissue the Passport keeping view of the provision of the Indian Passport Act." Learned A.G.A., at the very outset, raised a preliminary objection regarding maintainability of this petition stating that the petitioner has a statutory remedy under Section 528 of the B.N.S.S., 2023, akin to Section 482 Cr.P.C. (now repealed). On being confronted after taking note of the aforesaid, learned counsel for the petitioner states that he may be permitted to withdraw the instant petition with liberty to the petitioner to avail the remedy as available under the law. Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for. Office is directed to return certified copy of the papers/documents, if any, annexed with this petition to the learned counsel for the petitioner as per rules in this regard. Order Date :- 1.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench