HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21637 of 2025 Court No. - 43 HON'BLE SALIL KUMAR RAI, J. HON'BLE DIVESH CHANDRA SAMANT, J. It transpires from the argument of the counsel for the petitioner and the averments made in the writ petition that a first information report under Sections 498-A, 377, 323, 504, 506 and 354 I.P.C. was registered against the petitioner. The petitioner filed an application for anticipatory bail before this Court in which an interim protection was granted to the petitioner with the condition that the petitioner shall submit his passport (bearing No. R9837355) before the local police station. The said application for anticipatory bail was subsequently disposed of directing the petitioner to approach the Sessions Court for the same relief. The petitioner has filed an application for anticipatory bail before the Sessions Court Varanasi and the matter was heard by Special Judge (POCSO Act), Court No. 3, Varanasi, which granted anticipatory bail to the petitioner vide its order dated 24.07.2024 on the condition that the petitioner submits personal bond of Rs. 75,000/- and two sureties of like amount to the satisfaction of the concerned Magistrate. In its order dated 24.07.2024 the Special Judge (POCSO Act), Court No. 3, Varanasi did not prescribe any condition asking the petitioner to deposit his passport before the local police. It is the case of the petitioner that despite the aforesaid, the passport of the petitioner is not being released by the local police and is still in possession of the police, hence the present petition with the following relief :- Versus Counsel for Petitioner(s) : Amit Kumar Singh, Vimlendu Tripathi Counsel for Respondent(s) : G.A. Snehdeep Pandey .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) "(I) Issue a writ order or direction in the nature of Mandamus commanding respondent no. 2, 3 and 4 to release the petitioner's passport (no. R9837355) submitted before the respondent no. 4 in connection with the Crime No. 590 of 2022 under Section 498A, 377, 323, 504, 506 & 354 of I.P.C., Police Station- Bhelupur, District-Varanasi." It has been stated in the writ petition that a charge-sheet has been filed in the case and on the aforesaid charge-sheet Case No. 91499 of 2023 was registered before the Additional Chief Judicial Magistrate, IIIrd/Civil Judge (J.D.), F.T.C.-01, Varanasi. The said charge-sheet has been challenged by the petitioner before this Court in an application under Section 482 Cr.P.C. numbered as Application U/S 482 No. 28304 of 2024. It has been further stated that in the aforesaid case this Court through an interim order dated 9.12.2024 has granted interim protection to the petitioner directing that no coercive action shall be taken against the petitioner in pursuance to the charge-sheet filed before the concerned Magistrate. The petitioner has the remedy to file an interim application before this Court in Application U/S 482 No. 28304 of 2024, which is still pending and it is not a case for interference by this Court under Article 226 of the Constitution of India. With the aforesaid observation, the petition is dismissed. October 8, 2025 Anurag/- CRLP No. 21637 of 2025 2 (Divesh Chandra Samant,J.) (Salil Kumar Rai,J.) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad