Vijay Prakash Vs Union of India and 2 Others

Court No. - 3

Case :- WRIT - C No. - 30805 of 2022

Petitioner :- Vijay Prakash Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Jagadish Prasad Yadav Counsel for Respondent :- A.S.G.I.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Jayant Banerji,J.

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Heard learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

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This writ petition has been filed praying for the following relief:

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"i) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 i.e. Regional Passport Officer, Lucknow to issuing passport to the petitioner within stipulated period as fixed by this Hon'ble Court."

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On perusal of the writ petition, we find that a criminal case no. 4103 of 2021 (State Vs. Vinay Prakash) arising out of FIR No. 0146/2016 dated 1.9.2016 under Section 323, 354, 452, 504, 525 IPC, P.S. Maharajganj, District Azamgarh is pending in the trial court but there is nothing on record to show that the petitioner has obtained any order from the trial court before whom the aforesaid criminal case is pending so as to permit him to depart from India in terms of the provisions of Section 6(2)(f) of the Passport Act, 1967 read with Notification No. G.S.R. 570(E) dated 25.8.1993.

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In view of the aforesaid, no positive direction can be issued to the respondents. Therefore, the present writ petition is dismissed leaving it open for the petitioner to obtain permission from the concerned Court in terms of Section 6(2)(f) of the Passport Act, 1967 read with the aforesaid Notification dated 25.8.1993 and thereafter, pursue his passport application, if it is still pending.

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Order Date :- 1.2.2023 A. V. Singh

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Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad

Vijay Prakash v. Union of India and 2 Others

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Vijay Prakash v. Union of India and 2 Others

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