Vijay Jaiswal vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Vijay Jaiswal vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to the Additional Chief Judicial Magistrate, Court No.IV/Special Magistrate M.P./M.L.A., Varanasi to endeavour to decide the applicant's application dated 30.09.2024 (seeking permission to apply for renewal of his passport) expeditiously, preferably within three weeks from production of a certified copy of this order, subject to there being no legal impediment.

Issue for consideration

Whether the Additional Chief Judicial Magistrate, Court No.IV/Special Magistrate M.P./M.L.A., Varanasi should be directed to decide the applicant's pending application dated 30.09.2024 (praying permission to apply for renewal of his passport) within a stipulated period.

Court's answer

The Court directed the learned Additional Chief Judicial Magistrate, Court No.IV/Special Magistrate M.P./M.L.A., Varanasi to make an endeavour to decide the applicant's application dated 30.09.2024 as expeditiously as possible, preferably within a period of three weeks from the date a certified copy of this order is produced before it, if there is no legal impediment.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 78), Single Bench — Samit Gopal, J. — Neutral Citation 2025:AHC:36359; Order dated 12.03.2025. APPLICATION U/S 529 BNSS No. 445 of 2025: Vijay Jaiswal v. State of U.P. and Another. The applicant, an accused in Criminal Case No. 1202 of 2011 (Case Crime No. 558 of 2010) under Sections 419, 420, 467, 468, 469, 471, 120-B IPC, P.S. Cantt, District Varanasi, sought a direction to the Additional Chief Judicial Magistrate, Court No.IV/Special Magistrate M.P./M.L.A., Varanasi to decide his application dated 30.09.2024 praying permission to apply for renewal of his passport, which remained pending and undecided. The Court, considering the limited grievance and the State counsel's observation that issuing notice would serve no useful purpose, directed the Magistrate to make an endeavour to decide the said application as expeditiously as possible, preferably within three weeks from production of a certified copy of the order, if there is no legal impediment; the application was accordingly disposed of.

Neutral Citation No. - 2025:AHC:36359

Court No. - 78

Case :- APPLICATION U/S 529 BNSS No. - 445 of 2025

Applicant :- Vijay Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- R P Rajan Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

List revised.

Heard Sri R.P. Rajan, learned counsel for the applicant, Sri Arvind Kumar, learned counsel for the State and perused the record.

This application under Section 529 BNSS has been filed by the applicant Vijay Jaiswal with the prayer to direct the Court of Additional Chief Judicial Magistrate, Court No.IV/Special Magistrate M.P./M.L.A., Varanasi to decide the application dated 30.09.2024 moved by applicant in Criminal Case No. 1202 of 2011 (arising out of Case Crime No. 558 of 2010), under Sections 419, 420, 467, 468, 469, 471, 120-B IPC, P.S. Cantt, District Varanasi within such period of time.

It is submitted by learned counsel for the applicant that the applicant is accused in this case. While placing para 5 of the affidavit it is submitted that the applicant has moved an application dated 30.09.2024 before Additional Chief Judicial Magistrate, Court No.IV/Special Magistrate M.P./M.L.A., Varanasi with a prayer to permit the accused/applicant to apply for renewal of his passport before the passport authority. The said application is still pending and has not yet been decided.

Learned counsel for the State states that no useful purpose would be served in issuing notice to opposite party and keeping this application pending before this Court and it may be disposed of at this stage itself.

Considering the limited grievance of learned counsel for the applicant, learned Additional Chief Judicial Magistrate, Court No.IV/Special Magistrate M.P./M.L.A., Varanasi is directed to make an endeavour to decide the aforesaid application dated

30.09.2024, as expeditiously as possible, preferably within a period of three weeks from the date a certified copy of this order is produced before it, if there is no legal impediment.

With the aforesaid directions, this application is disposed of.

Order Date :- 12.3.2025 M. ARIF

(Samit Gopal, J.)

Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad