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2025 DAILYLAW 137152 (ALL)

VISHNU OM GUPTA v. UNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS NEW DELHI AND ANOTHER

WRIC/4125/2025 · 2025-04-30

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24838-DB Court No. - 2 Case :- WRIT - C No. - 4125 of 2025 Petitioner :- Vishnu Om Gupta Respondent :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And Another Counsel for Petitioner :- Mohd. Salman,Ana Fatma,Mukhtar Ahamad Counsel for Respondent :- A.S.G.I. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard learned Counsel for the petitioner and Shri S.B. Pandey, learned Senior Advocate & D.S.G.I. assisted by Shri Varun Pandey, learned Counsel for the opposite parties. The petitioner seeks issuance of a passport as per the notifications dated 25.08.1993 & 10.10.2019, copies of which are annexed as Annexure No. 4 to the writ petition. The petitioner was convicted by the Additional Sessions Judge, Court No. 10 in Session Trial No. 644 of 2010, State Vs. Ashutosh Dwivedi & Others; arising out of Case Crime No. 178 of 2006 registered at Police Station - Ajgain, District - Unnao for the offense punishable under Section 148, 332 read with 149 I.P.C., and sentenced to prison accordingly. However, in an appeal bearing no. 1615 of 2014, the High Court vide judgment dated 18.03.2024, modified the sentence of the appellants while upholding the conviction, and instead of sending the appellants to jail, they were given the benefit of Section 4 of The Probation of Offenders Act, 1958, and each of them were directed to file two sureties, each to the tune of Rs. 20,000/-, along with their separate personal bonds before District Probation Officer concerned and also a separate undertaking to the effect that they shall maintain peace and good behaviour during the period of 1 year from that day. The said bonds were to be filed by the appellants within a period of three months from the date of judgment i.e. 18.03.2024. It was also ordered that in case of breach of any conditions stipulated by the Court, the appellants shall be taken into custody and they shall have to undergo the sentence awarded to them. In view of the aforesaid, the petitioner's Counsel says that now there is no impediment in issuance of the passport by the opposite party no. 2. Learned Counsel for the opposite parties invited our attention to Section 6(2)(e) of the Passport Act, 1967 according to which the petitioner is not eligible for issuance of the passport. Be that as it may, let the opposite party no. 2 take a decision on the application of the petitioner as per law, and communicate it within a period of six weeks. The writ petition is disposed of in the aforesaid terms. Order Date :- 30.4.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench