Jagdish vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

Jagdish vs State of U.P. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of; impugned order declared infructuous; applicant granted liberty to apprise the Regional Passport Officer, who is to take an independent decision on renewal of passport. No positive direction issued to renew passport.

Issue for consideration

Whether the order dated 16.09.2024 passed by the Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Maharajganj refusing no objection for renewal of the applicant's passport is liable to be quashed, having become infructuous after setting aside of the order of cognizance. +1 more

Court's answer

Since the order of taking cognizance against the applicant has already been set aside by this Court in Application U/s 482 No. 43165 of 2024 (2025:AHC:67441), the impugned order refusing no objection for renewal of the passport has become infructuous.

Ratio / Principle

The application is disposed of with liberty to the applicant to apprise the Regional Passport Officer of the situation, and the officer concerned shall act independently in taking a decision on the renewal of the applicant's passport.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Jitendra Kumar Sinha, J.), Application U/S 482 No. 37714 of 2024, Jagdish v. State of U.P. and 2 Others, decided 23.8.2025 (2025:AHC:146123): Application under Section 482 seeking quashing of order dated 16.09.2024 of the Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Maharajganj in Criminal Case No. 868 of 2012 (State vs. Jagdish and others), arising out of Case Crime No. 433 of 2011, under Sections 323, 504, 506 I.P.C., P.S. Ghughali, District Maharajganj, whereby the Magistrate refused no objection for renewal of passport no. M2839330, and seeking direction to the Passport Officer, Gorakhpur for renewal. Held: the order of taking cognizance dated 13.02.2012 having already been set aside by the Co-ordinate Bench in Application U/s 482 No. 43165 of 2024 (2025:AHC:67441), which directed the Magistrate to proceed on the charge sheet as a complaint case, and the applicant not having been summoned to trial, the impugned order has become infructuous. Application disposed of with liberty to the applicant to apprise the Regional Passport Officer; the officer concerned to act independently in deciding renewal of the passport.

Neutral Citation No. - 2025:AHC:146123

Court No. - 89

Case :- APPLICATION U/S 482 No. - 37714 of 2024

Applicant :- Jagdish Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Piyush Patel,Pradeep Kumar Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Mr. Pradeep Kumar, learned counsel for the applicant and Mr. Radhey Shyam, learned A.G.A. for the State.

The present application has been filed with prayer to quash the order dated 16.09.2024 passed by learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Maharajganj in Criminal Case No.- 868 of 2012 (State Vs. Jagdish and others) arising out of Case Crime No.- 433 of 2011 under Sections 323, 504, 506 I.P.C., P.S- Ghughali, District- Maharajganj and further prayed to direct the Passport Officer, Gorakhpur to renew the passport bearing passport no. M2839330 of the applicant.

It is contended by the learned counsel for the applicant that vide order impugned learned Magistrate has refused to grant no objection for renewal of passport of the applicant. Learned counsel further submits that order of taking cognizance dated 13.02.2012 against the applicant has already been set aside by the Co-ordinate Bench of this Court in Application U/s 482 No.-43165 of 2024 (Neutral Citation No.- 2025:AHC:67441). He further submits that Co-ordinate Bench of this Court had directed the learned Magistrate to proceed against applicant by treating the charge sheet as a complaint case. He further submits that at present the applicant has not been summoned to face trial in complaint case. He further submits that order impugned was passed prior to the aforesaid order of this Court and the impugned order has become infructuous.

On the other hand, learned A.G.A. has opposed the above submissions of learned counsel for the applicant.

In view of fact that the order of taking cognizance against the applicant has already been set aside by this Court in Application U/s 482 No.-43165 of 2024 (Neutral Citation No.-

2025:AHC:67441), the order impugned has become infructuous.

In view of above, this application is disposed of with the direction to the applicant that he is at liberty to apprise the Regional Passport Officer regarding the above situation and the officer concerned shall act independently in taking decision for the renewal of passport of the applicant.

Order Date :- 23.8.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad