Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 12285 of 2010 Petitioner :- Sohrab Khan Respondent :- State Of U.P. & Ors. Petitioner Counsel :- A.K. Malviya Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
By means of this petition the petitioner has challenged the order dated
26.5.2010 passed by the Addl. Chief Judicial Magistrate, District Ghaziapur
whereby the application for obtaining NOC, with regard to passport of the
petitioner, has been rejected. It is further prayed that a direction be issued to
the court below to issue NOC for the purpose of passport as the petitioner has
to go for pilgrimage (Haj).
In brief, the facts of the case are that since the petitioner is involved in a case
under section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act due to false
implication, he had moved an application before the ACJM, Ghazipur for
obtaining NOC for the purpose of passport as he has to go for pilgrimage
(Haj) but the court below rejected the application of the petitioner by passing
the impugned order.
Heard learned counsel for the petitioner, learned A.G.A. for the State and
perused the impugned order and other material on record.
The submission of learned counsel for the petitioner is that under rule 17(B)
of the Passport Act NOC is to be obtained by a person involved in a criminal
case from the court where the trial is pending, therefore, the petitoiner had
moved an application before the concerned Magistrate. It is further submitted
by learned counsel for the petitioner that the impugned order is a non
speaking order and the application of the petitioner has been rejected only on
the ground of non-maintainability, which is absolutely in violation of the
fundamental right of the petitioner.
Considering the submission of learned counsel for the petitioner and the facts
and circumstances of the case, this petition is finally disposed of with a
direction that in case the petitioner moves another application before the
concerned Magistrate within two weeks from today, alongwith certified copy
of this order, the same shall be disposed of by the Magistrate concerned by a
reasoned order within ten day’s from the date of its production.
Order Date :- 13.7.2010
o.k.