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2025 DAILYLAW 64003 (ALL)

KARAMJEET SINGH BHATTI v. UNION OF INDIA AND ANOTHER

WRIC/42490/2023 · 2025-03-18

Ashwani Kumar Mishra, Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40008-DB Court No. - 29 Case :- WRIT - C No. - 42490 of 2023 Petitioner :- Karamjeet Singh Bhatti Respondent :- Union Of India And Another Counsel for Petitioner :- Madhur Prasad,Malay Prasad,Saloni Mathur,Tanya Makker Counsel for Respondent :- A.S.G.I.,Anant Kumar Tiwari Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the parties. The petitioner's passport has been impounded on account of his implication in Case Crime No.159 of 2021 under Sections 147, 148, 149, 171H, 188, 307, 323, 504 IPC and 3(2)5 of SC/ST Act, Police Station Bilaspur, District Rampur. The order of impounding is challenged on various grounds. It is submitted that the order impugned does not contain any reason as is required to be specified in terms of Section 10 (5) of the Passport Act, 1967. During course of hearing, learned counsel for the petitioner has also placed reliance on an order passed in Criminal Appeal No.10001 of 2023 whereby criminal proceedings itself have been quashed in terms of compromise entered into between the parties. The operative portion of the order passed by learned Single Judge is reproduced as under: 7. The appeal is allowed. The proceedings of Special Case no.28/2021 including charge sheet dated 11.5.2021, cognizance order dated 25.8.2021 as well as orders dated 13.9.2021 and 12.01.2022 (State vs. Ujjawal Deedar Singh @sabi and another) arising out of Case Crime No.159 of 2021 under Sections 147, 148, 149, 171-H, 188, 307, 323, 504 IPC and Section 3(2)(v) of Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, Police Station Bilaspur District Rampur pending in the court of Additional District Judge,/Special Judge (SC/ST) Act, Rampur or any other assignee court is hereby quashed. Learned counsel for the petitioner submits that solitary case in which the petitioner was implicated is the aforesaid matter in which proceedings have been quashed and, therefore, remains no material, on the strength of which the impounding order could be maintained. Learned counsel for the respondents submits that in the event the petitioner produces the certified copy of the order passed by this Court quashing the proceedings, the authorities concerned shall revisit the matter. In that view of the matter, we dispose of this petition with liberty reserved to the petitioner to approach the Regional Passport Officer, Bareilly along with certified copy of the order passed in Criminal Appeal No.10001 of 2023 as well as the order passed in the present writ petition. The Regional Passport Officer shall take a fresh decision relating to release of the passport in favour of the petitioner within a period of four weeks. Order Date :- 19.3.2025 rkg Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad