Neutral Citation No. - 2025:AHC-LKO:45589 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6375 of 2025 Applicant :- Mukeem Ansari Opposite Party :- Union Of India Thru. Secy. Ministry Of External Affairs New Delhi And 3 Others Counsel for Applicant :- Kamran Anwar,Ashish Kumar Dubey,Karan Singh Counsel for Opposite Party :- A.S.G.I.,G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, Shri Surya Bhan Pandey, learned Deputy Solicitor General of India assisted by Shri Varun Pandey, learned counsel for the Union of India and learned A.G.A. for the State. 2. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following prayer:- "WHEREFORE, it is most humbly prayed that this Hon'ble Court may kindly be pleased to quash the order dated: 06.03.2025 passed by Civil Judge (Junior Divison), Shravasti", vide Case Crime No. 152/2023 "State Versus Aslam and others" under section 13 of Public Gambling Act, Police Station- Hardatt Nagar Girant, District- Shravasti, and revoke the Passport No. Y7607401 issued to the petitioner, in the ends of justice." 3. It is argued by learned counsel for the applicant that the opposite party no.4 lodged an FIR against the petitioner under Section 13 of the Uttar Pradesh Public Gambling Act, on 15.07.2023 and the chargesheet was filed after the investigation on 18.07.2023, under the same offence. He further submitted that the petitioner moved bail application on 15.07.2024 and the same was allowed by the Civil Judge (Junior Division), Shravasti. Subsequently, the petitioner went abroad i.e. Saudi Arabia, for seeking employment and has started working as Chef over there and when the petitioner came back on 21.01.2025, his passport was impounded by the Bureau of Immigration (Ministry of Home Affairs) without any justifiable reason and being aggrieved, the petitioner moved an application on 06.03.2025, for revocation of the order of impound and for release of the passport in his favour, before the learned Civil Judge (Junior Division), Shravasti. He added that the application has been rejected in a cursory manner and there is no application of mind. He submits that no cogent reason has been assigned while rejecting the application and therefore, the order impugned is not only unlawful but that is against the settled proposition of law. Therefore, submission is that the order impugned, dated 06.03.2025, may be set aside. 4. On the other hand, learned counsel appearing for the State as well as the learned counsel for the Union of India could not dispute the aforesaid legal position as is contended by learned counsel for the applicant. 5. Considering the submissions of learned counsel for the parties, particularly the manner in which the order was passed on 06.03.2025, it is apparent that the application of mind by the Magistrate, over the application, is missing. 6. In view of the aforesaid, the order is unsustainable, consequently, the order dated 06.03.2025 is hereby set aside. The matter is remitted back to the trial court concerned to decide the matter afresh on the application dated 06.03.2025 of the applicant, within a further period of 45 days, from the date a certified copy of this order is produced before the concerned court. 7. The application is hereby allowed accordingly. Order Date :- 5.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench