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Ashwani Gupta Vs. Union of India and ors

Ashwani Gupta vs Union of India and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Feb 26, 2014
~3 min read
https://sooperkanoon.com/case/1129813

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Citation
Court
Rajasthan Jodhpur High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Ashwani Gupta

Respondent

Union of India and ors

Excerpt

.....petitioner is already in currency and shall remain in currency upto 30.05.2017, therefore, the additional sheets for marking travels of the petitioner outside india should have been supplied by the respondents. beside the above, it is submitted that even the case bearing no.541/2009 is no more pending before the court concerned. as per learned counsel, cognizance of the offences punishable under sections 420, [3].467, 468, 471 and 120-b ipc was taken against him by the additional chief judicial magistrate, raisingh nagar on 17.11.2005. being aggrieved by the same, he preferred a revision petition bearing no.67/2012, that came to be accepted by learned additional sessions judge, sriganganagar by a judgment dated 31.07.2013. the revisional court has already set aside the order taking cognizance against the petitioner and as such, at present no case is pending against the petitioner. looking to this factual background, without examining other merits of the case, i deem it appropriate to dispose of this petition for writ by directing the respondent passport officer, regional passport office, j-14 jhalana institutional area, jhalana dungri, jaipur to consider case of the petitioner expeditiously as far as possible on or before 14.03.2014 as agitated by keeping in mind the changed circumstances. [govind mathur].,j. pramod

Full Judgment

[1].IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER

S.B.CIVIL WRIT PETITION NO.816/2014 Ashwani Gupta Versus The Union of India & ORS.Date of Order : 26.02.2014 PRESENT HON'BLE Mr.JUSTICE GOVIND MATHUR Mr.Hemant Jain for the petitioner Mr.Sanjeet Purohit for the respondents BY THE COURT : An Indian passport bearing No.JP1077289746813 was issued in favour of the petitioner as per the provisions of the Passport Act.

The passport aforesaid was to remain in currency upto 30.05.2017.

The marking sheets of the passport exhausted within a period of two years due to higher number of foreign travels by the petitioner.

An application, thus, was preferred to the competent authority on 03.10.2013 to issue an additional set of passport.

The application came to be dismissed on the count that the Passport Officer received an adveRs.report from the Rajasthan Police.

The petitioner then joined the issue under a communication dated [2].31.10.2013 with a clarification that he claimed for issuance of additional marking sheets, but not for renewal of the passport, which already was to remain in currency upto 30.05.2017.

After making some correspondence, the respondent No.3, the Station House Officer, Police Station Raisingh Nagar informed the Passport Officer by e-mail dated 05.12.2013 about pendency of case No.541/2009 before the court of learned Additional Chief Judicial Magistrate Raisingh Nagar.

The details as received by the Passport Officer were communicated to the petitioner and he in his turn submitted a clarification under a communication dated 09.12.2013, but of no consequence.

Suffice to mention that the petitioner also produced all necessary particulars relating to case No.541/2009 referred above to the Passport Officer.

In this petition for writ, the submission of counsel for the petitioner is that the passport of the petitioner is already in currency and shall remain in currency upto 30.05.2017, therefore, the additional sheets for marking travels of the petitioner outside India should have been supplied by the respondents.

Beside the above, it is submitted that even the case bearing No.541/2009 is no more pending before the court concerned.

As per learned counsel, cognizance of the offences punishable under Sections 420, [3].467, 468, 471 and 120-B IPC was taken against him by the Additional Chief Judicial Magistrate, Raisingh Nagar on 17.11.2005.

Being aggrieved by the same, he preferred a revision petition bearing No.67/2012, that came to be accepted by learned Additional Sessions Judge, Sriganganagar by a judgment dated 31.07.2013.

The revisional court has already set aside the order taking cognizance against the petitioner and as such, at present no case is pending against the petitioner.

Looking to this factual background, without examining other merits of the case, I deem it appropriate to dispose of this petition for writ by directing the respondent Passport Officer, Regional Passport Office, J-14 Jhalana Institutional Area, Jhalana Dungri, Jaipur to consider case of the petitioner expeditiously as far as possible on or before 14.03.2014 as agitated by keeping in mind the changed circumstances.

[GOVIND MATHUR].,J.

Pramod

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