JUDGMENT

Ajai Kumar Srivastava-I, J.

Heard Sri Keshav Prasad, learned counsel for the applicant and Sri Alok Saran, 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 19.12.2022, passed by Additional Chief Judicial Magistrate, Room No.29, Lucknow in Case No.38118/2018, arising out of Crime No.621/2018, under Sections 406 & 420 I.P.C., Police Station Ashiyana, District Lucknow, whereby learned Additional Chief Judicial Magistrate, Room No.29, Lucknow has rejected the application of the present applicant for obtaining no objection certificate/permission regarding issuance of passport to the applicant.

3. It is submitted by learned counsel for the applicant that passport was issued to the applicant by Regional Passport Office concerned. The validity of the said passport was up to year 2018. Thereafter, the applicant sought renewal of the same by means of an application bearing no.DL4073359402219 dated 13.02.2019 before Regional Passport Office, Lucknow, Ministry of External Affairs, Government of India. On seeking status of the above application dated 13.02.2019 by the applicant, Regional Passport Office, Lucknow by letter dated 23.07.2019 gave reply to the applicant as under :-

"1. A Criminal case is pending against you as per Police Verification Report.

2. Please furnish proof of clearance of the case and clarify in person at the Passport Office."

4. In view of above, the applicant filed an application dated 21.06.2021, in Case No.38118/2018, arising out of Crime No.621/2018, under Sections 406 & 420 I.P.C., Police Station Ashiyana, District Lucknow for obtaining no objection regarding renewal/re-issuance of passport. The said application of the applicant has been rejected by the Additional Chief Judicial Magistrate, Room No.29, Lucknow vide impugned order dated 19.12.2022.

5. Assailing the impugned order dated 19.12.2022 of the learned trial Court, learned counsel for the applicant, at very outset, has placed reliance on the order dated 02.09.2016, passed by co-ordinate Bench of this Court, in Criminal Revision No. 916 of 1988, which is reproduced herein below :-

"Order on Application No. 223300 of 2016

Heard Shri G.S. Chaturvedi, learned Senior Advocate assisted by Shri Samit Gopal, learned counsel for the revisionist and Shri P.K. Srivastava, learned A.G.A. for the State.

This application has been filed by the applicant-revisionist with the prayer to permit the applicant to travel to U.S.A. from 15.3.2017 to 30.9.2017 and then again from 1.5.2018 to 31.12.2018 and further give suitable directions for the renewal /re-issue of the passport No.-L 9152792 issued on 2.6.2014 from Ghaziabad.

Learned counsel for the applicant-revisionist submits that he does not want to press the prayer for permission to travel from U.S.A. from 1.5.2018 to 31.12.2018 at this stage.

Learned counsel for the applicant-revisionist submits that prior to this application, applicant had moved an application for permission to go to U.S.A. to meet his son and permission was granted to him by the trial court as well this court.It is further submitted that permission has been granted to the applicant vide order dated 7.4.2014 by this court to travel to U.S.A. from 15.5.2014 to 31.12.2014 without demanding any bond /sureties.

Having considered the facts and circumstances of the case, I do not find any reasons to deny the liberty of the applicant-revisionist to go ab