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2025 DAILYLAW 54947 (ALL)

UDAYBHAN SINGH YADAV v. UNION OF INDIA AND ANOTHER

WRIC/14822/2025 · 2025-05-22

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:87922-DB Court No. - 39 Case :- WRIT - C No. - 14822 of 2025 Petitioner :- Udaybhan Singh Yadav Respondent :- Union Of India And Another Counsel for Petitioner :- Yogesh Shekhar Counsel for Respondent :- A.S.G.I.,Deepak Singh Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. Mr. D.K. Pandey learned advocate appears on behalf of petitioner and submits, his client made application for renewal of his passport, as he works in the Merchant Navy and needs to travel on the ship. The passport has not been renewed. Instead there was letter dated 3rd March, 2023 issued by the authority calling upon him to provide suitable explanation with Court order/permission since, there is criminal appeal pending against order of his conviction. Mr. Pandey submits, his client was on bail during trial and still on bail. When the appeal will be decided is anybody’s guess. Mr. Deepak Singh, learned advocate, Central Government Counsel appears on behalf of Union of India and relies on order dated 6th March, 2025 made by coordinate Bench in Writ C no. 1246 of 2025 (petitioner's own case). Text of said order dated 6th March, 2025 is reproduced below: "None appears for the petitioner even when the matter is taken up in the revised list. However, Shri Krishan Dev Rai, learned counsel for the respondent is present. Learned counsel for the respondent points that petitioner has already been convicted for a sentence of more than two years and, therefore, is ineligible to obtain passport by virtue of Section 6(2)(e) of the Passport Act. In that view of the matter, no relief can be granted to the petitioner, accordingly, this petition is is dismissed." Petitioner has above order staring at his face. Subsequent writ petition on the same cause is not maintainable. Petitioner must first overcome this obstacle, if he seeks adjudication by urging his cause. The writ petition is dismissed. Order Date :- 23.5.2025 NSC (Arindam Sinha, J.) (Avnish Saxena, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad