Patna High Court – Orders
Nilay Kumar @ Nilay Raut @ Nilu Raut vs The Union Of India on 15 April, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.539 of 2025
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Nilay Kumar @ Nilay Raut @ Nilu Raut
... ... Petitioner/s
Versus
The Union of India & Anr.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
Mr. Subhash Kumar Jha, Advocate
For the Respondent/s : Mr. Additional Solicitor General
Mrs. Priya Gupta, Advocate
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-04-2025
Heard learned counsel for the petitioner and learned
C.G.C. appearing on behalf of the Union of India.
2. Learned C.G.C. seeks two weeks’ time for filing counter
affidavit. The counter affidavit shall be duly sworn by the
Regional Passport Officer/ respondent no.2. The counter
affidavit shall give para-wise reply of the pleading made in the
writ application.
3. At this stage, learned counsel for the petitioner submits
that the petitioner is being denied issuance of his passport on the
ground that he has been implicated in a criminal case being
Sugauli P.S. Case No.48/2022, dated 24.01.2022, registered for
the offences under Sections 147, 148, 149, 341, 342, 323, 324,
307, 386, 332, 333, 427, 353, 504, 506 of I.P.C. read with
Section 3 of Epidemic Act and 3 and 4 of Damage to Public
Patna High Court CWJC No.539 of 2025(3) dt.15-04-2025
2/2
4. Learned counsel for the petitioner next submits that
investigation in Sugauli P.S. Case No.48/2022, till date is
continuing and charge sheet has not been submitted. As such,
the aforesaid criminal case till date has not reached the Court of
competent criminal jurisdiction. As such, the respondents could
not have denied the passport to the petitioner and for the said
proposition relies on an order of this Court dated 10.04.2025,
passed in C.W.J.C. No.16278 of 2024 (Gautam Rana vs. Union
of India & Ors.).
5. The respondent no.2 while filing the counter affidavit
shall also take into consideration the order dated 10.04.2025,
passed in C.W.J.C. No.16278 of 2024.
6. Put up this case on 01.05.2025 at 02:15 P.M.
(Satyavrat Verma, J)
shikha/-
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