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2025 DAILYLAW 50893 (ALL)

SANJAY KUMAR DAY ALIAS SAM v. STATE OF U.P. AND ANOTHER

NA528/14813/2025 · 2025-05-18

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84104 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 14813 of 2025 Applicant :- Sanjay Kumar Day Alias Sam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aishwarya Goswami,Pawan Giri Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Pawan Giri, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State and perused material on record. The present application under Section 528 B.N.S.S has been filed by the applicant with a prayer to quash the order dated 23.01.2025 whereby an application passed by Chief Judicial Magistrate, Gautam Buddha Nagar in criminal case arsing out of case crime no. 163 of 2024, under Sections 406, 420 I.P.C, P.S. Sector-63, District Gautam Buddha Nagar, whereby an application to release the passport of the applicant in his favour has been rejected. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case. It is further submitted that passport of the present applicant is deposited in pursuance of order of co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C No. 10518 of 2024. It is further submitted that anticipatory bail application of the applicant has been dismissed as withdrawn by co-ordinate Bench of this Court on 18.04.2025. Further, it is submitted that the offence related to case crime no. 163 of 2024 is proceedings of aforesaid case, which is stayed by this Court in Application U/S 528 BNSS No. 11828 of 2025 on 10.04.2025. Learned A.G.A not disputed the factual position of the case. In view of above facts and circumstances of the case, present application is allowed and the order dated 23.01.2025 is quashed with direction to the Court concerned to pass a fresh order to release the passport of the applicant within seven days from the date of production of the certified copy of this order. With the aforesaid directions, the application stands disposed of finally. Order Date :- 19.5.2025/PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad