Court No. - 38
Case :- WRIT - C No. - 38983 of 2018 Petitioner :- Sunil Pathak Respondent :- Govt. Of India Ministry Of External Affairs And 2 Others Counsel for Petitioner :- Nikhil Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
By means of this writ petition, the petitioner has come to this Court raising a grievance that in spite of proper application being made , the Pass Port Officer is not considering his application for making a pass port in favour of the petitioner.
Learned Standing Counsel was directed to seek instruction and upon instruction he submits that a criminal case is pending against the petitioner in case crime No.1019 of 2012 under sections 147,323,324 and 426 IPC. In the said case the petitioner has filed a copy of the revisional order in case No.2774 of 2014 by which it has been held that according to the case diary the name of Anil Dwivedi and Ajai Pathak has only found to be involved and charge sheet has been filed.For rest of the accused, no cognizance has been taken. That being the case, it cannot be said that any criminal case is pending against the petitioner. Even the court has not taken cognizance of the petitioner.
The petitioner may make a representation to respondent no.2 and will also annex therewith certified copy of the revisional order dated 3.4.2015 filed as Annexure-4 to the writ petition and respondent No.2 will then pass appropriate speaking order as far as possible within a period of two months from the date of filing of a certified copy of this order before him.
The writ petition is accordingly disposed of.
Order Date :- 29.11.2018 VPC (Vivek Varma,J) (Abhinava Upadhya,J)