RAVINDRA NATH BHARGAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri G.S. Chaturvedi, Senior Advocate assisted by Sri Alok Ranjan Mishra, learned counsel for the applicant and learned A.G.A. for the State.

(2.) This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 22.07.2017, passed by Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar, in Criminal Case No. 31879 of 2016 (State vs. Ravindra Bhargav), under Sections 323, 354B, 504, 506 I.P.C., Police Station Pheelkhana, District Kanpur Nagar, whereby learned Additional Chief Metropolitan Magistrate, Court No. 3, Kanpur Nagar has rejected the application dated 03.07.2017 of the applicant for obtaining no objection certificate/permission regarding issuance of passport to the applicant on the ground that in a criminal case pending against the applicant charge has not yet been framed and during the pendency of criminal case, there is no justification for granting permission to renew the passport of the applicant.

(3.) It is submitted by learned counsel for the applicant that passport bearing no. G2815097 was issued to the applicant by Regional Passport Office, Lucknow on 07.05.2007. The validity of the said passport was up to 06.05.2017. The applicant online applied for renewal of his aforesaid passport on 17.03.2017 but on account of pendency of criminal case under Sections 323, 354B, 504 and 506 I.P.C. pursuant to F.I.R. dated 14.11.2015 against him, his application for renewal was put on hold at Passport Seva Kendra, Kanpur, as per acknowledgement letter dated 17.03.2017. It is contended that the applicant has again submitted re-issue application bearing no. LK2070837505217 dated 17.03.2017 before Regional Passport Office, Lucknow, Ministry of External Affairs, Government of India. On seeking status of the above application dated 17.03.2017 by the applicant, Regional Passport Office, Lucknow by letter dated 03.07.2017 given reply to the applicant observing the following discrepancies :-