Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191961 (ALL)

RITESH DEV SINGH v. UNION OF INDIA AND 2 OTHERS

WRIC/34023/2025 · 2025-10-08

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34023 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. Heard Sri D.K.Upadhyay, learned counsel for the petitioner and Sri Archit Mehrotra learned counsel for the contesting respondent. It is argued on behalf of the petitioner that even though petitioner has submitted reply to show cause notice issued to him regarding proposed action of impounding passport of the petitioner on account of pending criminal case, respondents have proceeded to impound passport of the petitioner. It is further submitted by learned counsel for the petitioner that after submission of charge-sheet, cognizance has not been taken against the petitioner. It is further submitted that though in the criminal case charge-sheet has been filed but the Court has taken cognizance in respect of accused persons Kamdev Singh, Ashishdev Singh and Abhishek Singh under Section 143,352 504, 506 IPC arising out of criminal case crime no. 116 of 2020 and the cognizance order has been brought on record as annexure 5 to the petition. It is further submitted that since no criminal case as such is pending against the petitioner for want of cognizance by criminal law court, proceeding to impound passport of the petitioner should be dropped. Sri Archit Mehrtora, learned counsel for the respondent states that as per instruction, passport does not stand impounded as on date and it is only a proceeding which has been drawn. He further submits that petitioner should obtain necessary approval or no objection orders from criminal law court concerned where trial is going on and it would be then appropriate for the petitioner to move appropriate application alongwith affidavit annexing therewith order of Court order before Regional Passport officer and if he does so, the Regional Passport Officer shall be taken appropriate decision in the matter. Reply, if any, has been previously filed by the petitioner may also be accompany the application of the petitioner which has been directed to be filed hereinabove. . In view of aforesaid, we dispose of this petition with direction that he at the first Versus Counsel for Petitioner(s) : Deepak Kumar Upadhyay Counsel for Respondent(s) : A.S.G.I., Archit Mehrotra, C.S.C. Ritesh Dev Singh .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) instance would obtain necessary sanction/approval or no objection order from the criminal court concerned and then shall move application annexing therewith order of Court before the Regional Passport Officer concerned within a period of four weeks from today and in the event petitioner submits application as directed hereinabove, Regional Passport officer will take final decision within a further period of one month. October 9, 2025 Sanjeev WRIC No. 34023 of 2025 2 ( Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad