HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32938 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Sitaram Yadav, learned counsel for applicant and Sri Gyan Prakash Singh, learned counsel appearing on behalf of opposite party no.2 i.e. Regional Passport Office, Lucknow. 2. This application has been preferred for seeking quashing of order dated 07.08.2025 passed by learned Chief Judicial Magistrate, Court No.17, Deoria in Case No.9511 of 2023 (State Vs. Sandeep Yadav and others), arising out of Case Crime No.402 of 2020, under Sections 323, 504, 506, 294 IPC, Police Station Rampur Karkhana, District Deoria along with show cause notice issued by opposite party no.2 on dated 26.06.2025. 3. Vide earlier order dated 01.09.2025, time for filing counter affidavit to learned counsel for opposite parties was extended but till today, the same has not been preferred. 4. At the very outset, Sri Gyan Prakash Singh, learned counsel appearing on behalf of opposite party no.2 submitted that impugned order dated 07.08.2025 is basically against applicant only on the basis of non appearance of other co-accused before learned court concerned, otherwise, there is hardly any impediment available for releasing the passport in favour of applicant which has already been renewed. It is also submitted by learned counsel for opposite party no.2 that without proper permission of learned court concerned, the passport cannot be released in favour of applicant. 5. By bare perusal of order impugned, it is apparent that no cogent reason has been given by learned Chief Judicial Magistrate, Deoria while rejecting Versus Counsel for Applicant(s) : Sitaram Yadav Counsel for Opposite Party(s) : G.A. Sandeep Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the application preferred at the behest of applicant vide impugned order dated 07.08.2025 and the same has been rejected only on the ground that other co-accused are not appearing before learned court concerned. This Court also notes that applicant is only responsible for his own appearance and as such, the ground for rejecting the application preferred at the behest of applicant, is not sustainable in the eye of law. 6. In view thereof, order dated 07.08.2025 passed by learned Chief Judicial Magistrate, Court No.17, Deoria in Case No.9511 of 2023 (State Vs. Sandeep Yadav and others), arising out of Case Crime No.402 of 2020, under Sections 323, 504, 506, 294 IPC, Police Station Rampur Karkhana, District Deoria along with show cause notice issued by opposite party no.2 on dated 26.06.2025, is hereby set aside. Opposite party no.2 is hereby directed to release the passport in favour of applicant within a week from the date of service of this order upon it. 7. This application stands allowed, accordingly. 8. Registrar (Compliance) is hereby directed to ensure service of this order upon opposite party no.2 within 48 hours for necessary compliance. October 17, 2025 Vivek Kr. NA528 No. 32938 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad