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2023 Supreme(All) 2708

UMESH CHANDRA SHARMA
Vijay Gupta – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Applicant : Sandeep Kumar Dubey
For the Opposite Parties : A.S.G.I., G.A., Rahul Anand Gaur

JUDGMENT

Umesh Chandra Sharma, J.

Heard Shri Sandeep Kumar Dubey, learned counsel for the applicant, Shri Rahul Anand Gaur, learned counsel for opposite party no.1 as well as learned A.G.A. for the State.

2. This application under Section 482 Cr.P.C. has been filed with the prayer to direct the opposite party no.3 to issue a passport to the applicant to pursue his Technical Course (Seafarer Course) in Maritime Training Institute (MTI), Howrah. Further prayer to quash the order dated 30.5.2022 passed by Additional Chief Judicial Magistrate, Bhadohi in Case No. 7253 of 2021 (State v. Guddu and Others) and to issue a 'No Objection Certificate' for issuing a passport to the applicant for pursuing the aforesaid course.

3. In brief, facts of the case are that one Pappu Gupta lodged an F.I.R. on 17..2021 at P.S.- Aurai, under Section 325 , 323, 504 I.P.C. against the applicant and his two brothers. The father of the applicant has also filed a criminal case against the informant Pappu Gupta and his sons. In both the cases, the police filed a charge-sheet but till date charges have not been framed. After submission of the charge-sheet the trial Court has taken cognizance and the applicant was

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