Neutral Citation No. - 2025:AHC:27655 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1660 of 2025 Petitioner :- Sanjeev Kumar Arora Respondent :- State Of Uttar Pradesh Through Counsel for Petitioner :- Shikhar Tandon Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Shikhar Tandon, learned counsel for the petitioner and learned A.G.A. for the State. 2. The writ petition has been filed seeking the following relief:- "to call for the record and to set aside the impugned order dated 25.04.2023 passed by the learned Additional Civil Judge (Senior Division), Court no. 4/ACJ, Ghaziabad in Case No. 23494 of 2011, State v. Sanjay Tripathi and Ors. arises out of FIR bearing Case Crime no. 2794 of 2010, Police Station-Indirapuram, Section 406, 420, 467, 468, 471 and 120-B read with Section 34 of IPC as well as the impugned order dated 13.01.2025 passed by the Additional District and Sessions Judge, Court no. 4, Ghaziabad in Criminal Revision No. 390 of 2023, titled Sanjeev Kumar Arora v. State of U.P." 3. Learned counsel for the petitioner submitted that initially an FIR has been lodged against three accused persons and during the course of investigation, the name of the petitioner has been surfaced and the police has filed chargesheet against him and three other accused persons. Thereafter learned court below has taken cognizance and summons have been issued to all the accused persons. The petitioner appeared before the learned court below and has sought bail from the learned Sessions Court with the condition that the petitioner would have to surrender his passport before the learned trial court during the course of trial. In pursuance to the bail order the petitioner has duly surrender his passport before the learned trial court. The petitioner is aged about 56 years and is facing numerous physical and mental health issues. It is further stated that the petitioner has got himself clinically examined and has been diagnosed of severe depression along with panic attacks. The petitioner's son and daughter are in Canada and he needs emotional support for which he want to go to Canada, every now and then. He also desires to undergo hypnotic therapy to cure his panic attack in Canada. It is further stated that the petitioner filed an application before the learned court below for release of his passport which was rejected vide impugned order dated 25.04.2023. Being aggrieved with the aforesaid order, the petitioner filed a revision which was also dismissed vide impugned order dated 13.01.2025, which impugned the present petition. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the petition. 5. In view of the aforesaid facts and circumstances, without interfering in the order which impugned the present petition, the ground taken up by learned counsel for the petitioner which is apparent from order dated 25.04.2023 passed by learned court of Additional Civil Judge (Senior Division), Court No. 4/Additional Chief Judicial Magistrate, Ghaziabad that the petitioner intended to visit Canada only for few days/months and there is hardly any specific description regarding days/months. 6. Learned Additional Civil Judge (Senior Division), Court no. 4/ACJ, Ghaziabad/ court concerned is hereby directed to re- examine the issue for which the passport has been prayed to return to the petitioner so that he may travel from this country to Canada, if any specific period will be mentioned in the fresh application if preferred by the petitioner within 15 days. Learned court concerned is also hereby directed to consider the fresh application if preferred by the petitioner which must be in disclosure of the specific period of travel and coming back to India only for receiving better medical treatment which has already been advised by treating doctor as mentioned in the report appended as Annexure no. 5 available at page no. 36 of the petition. 7. Arrival over fresh decision shall be within a period of 45 days from the date of presenting fresh application if preferred by the petitioner. 8. The writ petition stands disposed of accordingly. Order Date :- 27.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad