Neutral Citation No. - 2025:AHC-LKO:45271 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6263 of 2025 Applicant :- Chitra Kapoor Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Kapil Gupta,Akar Srivastava,Arjun Verma Counsel for Opposite Party :- G.A.,A.S.G.I. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and Sri S.B. Pandey, learned Deputy Solicitor General of India, assisted by Sri Varun Pandey, Advocate, for the Union of India as well as learned Counsel for the State. The instant application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 24.01.2025 passed by learned Additional Chief Judicial Magistrate, CBI, A.P., Lucknow in Case Crime No. 386 of 2019 (State Vs. Chitra Kapoor) as well as for direction to opposite party no. 3 to process the renewal of the applicant's passport (Application No. 24- 0006405302, dated 12.04.2024). Contention of learned counsel for the applicant is that the learned trial court has passed the order on the wrong premises as the ratio of the judgment and order in Umapati Vs. Union of India [2024 AHC Lko, 44148-DB] has erroneously been considered. He submits that, in fact, as per the settled proposition of law, as is envisaged in the case of Rita Verma Vs. Union of India passed in SLP(C) No. 7481 of 2024 by the Apex Court as well as the law rendered in Writ-C No. 1775 of 2025 (Mohd. Talha Vs. Union of India and others) covers the field and that specifically provides that the trial court is competent court to consider and decide such matters. Thus, he submits that the impugned order dated 24.01.2025 is liable to be set aside. Sri Surya Bhan Pandey, leaned Senior Advocate, appearing for the Union of India submits that the present matter, in fact, is covered with the ratio of judgments, as referred above and he has no objection if the order impugned is set aside and the matter is remanded back to decide a afresh. The AGA has supported the version of counsel for Union of India. Considering the submissions of learned counsel for the parties, particularly, the settled proposition of law laid down in the case of Rita Verma (supra) and the law laid by a Co-ordinate Bench of this Court in Mohd. Talha, the impugned order dated 24.01.2025 passed by learned Additional Chief Judicial Magistrate, CBI, A.P., Lucknow in Case Crime No. 386 of 2019 (State Vs. Chitra Kapoor) is hereby set aside. Ergo the matter is remitted back to the trial court concerned with direction to decide the matter afresh within a period of 30 days from the date an application alongwith a certified copy of this order is moved before it in the light of the judgments, as mentioned above. The instant application under Section 482 Cr.P.C. is, accordingly, allowed, in aforesaid term. Order Date :- 4.8.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench