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2023 Supreme(Jhk) 315

RAJESH SHANKAR
Kundan Kumar @ Kundan Kumar Sharma – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Mahesh Tewari, Mr. Ankur Anand, Advocate
For the Respondent: Mr. Vikash Kumar, Mr. Manav Poddar

JUDGMENT :

The present writ petition has been filed for issuance of direction upon the respondents particularly the respondent no. 2 to send all records to this Court appertaining to the application form submitted by the petitioner for issuance of passport as he has to go abroad though the date is not confirmed. Further prayer has been made for calling upon the respondent no. 2 as to under what authority he has withheld the issuance of said passport in favour of the petitioner merely on the ground that the petitioner is involved in a case registered as BTPS Case No. 111/2021 under Sections 498-A/341/323/504/506/494/34 of the Indian Penal Code, presently pending in the court of the Additional Chief Judicial Magistrate, Bermo at Tenughat. The petitioner has also prayed for issuance of direction upon the respondent no. 2 to immediately issue passport in favour of the petitioner as except pendency of the aforesaid criminal case, there is no other civil or criminal case pending against him and the said criminal case lodged by his wife is only with a view to harass and humiliate him.

2. A supplementary counter affidavit has been filed on behalf of the respondent nos. 1 and 2 bringing on re

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