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2024 DIGILAW 331 (TS)

Ashish Kumar Bose v. Union of India

2024-05-31

ANIL KUMAR JUKANTI

body2024
ORDER Anil Kumar Jukanti, J. - The petitioner has approached the Court seeking the following relief: '... to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.2 vide letter dated 08.02.2024 herein in impounding the passport of the petitioner bearing No.B7158670 behind back without giving proper reasons is illegal, arbitrary and contrary to the orders passed by the Hon'ble High Court in W.P.No.32906 if 2023 dated 05.12.2023 and consequently set aside the same and to pass such other order or orders the Hon'ble Court deems fir and proper in the circumstances of the case and in the interest of Justice.' 2. Mr. P.N.Arun Kumar, learned counsel appearing for the petitioner and Mr. V.T. Kalyan learned counsel, representing on behalf of Sri Gadi Praveen Kumar appearing for respondent Nos.1 and 2. 3. It is submitted by learned counsel appearing on behalf of petitioner that petitioner is the holder of passport bearing No.B7258670 dated 26.10.2012 valid up to 25.10.2033. It is further submitted that a letter dated 03.04.2024 was addressed to the petitioner by respondent No.2 (Regional Passport Officer) which was received by E-mail stating that there is a criminal case pending against the petitioner and the same was not brought to the notice, for which the passport is being impounded. 4. It is further stated that the petitioner has opened the E-mail only on 08.05.2024 and hence, he did not have sufficient time to respond and submit an explanation with regard to FIR No.168 of 2020 pending before P.S. Narsingi, Cyberabad Commissionerate for the offences under Sections 420 and 408 of IPC dated 17.02.2020. It is also submitted that petitioner was not granted sufficient time to respond to the show cause notice issued under Section 10 (3) of the Passport Act, 1967 and the action of the passport authorities is bad in law and the same is liable to be set aside. 5. It is submitted by learned counsel appearing on behalf of respondent authorities that it is the duty of the petitioner to state in the application to be submitted to the passport authorities regarding the pending case at the time of submission of application for the issuance of passport. 5. It is submitted by learned counsel appearing on behalf of respondent authorities that it is the duty of the petitioner to state in the application to be submitted to the passport authorities regarding the pending case at the time of submission of application for the issuance of passport. It is further submitted that as there was no response to the show cause notice issued to the petitioner under section 10 (3) of the Passport Act, 1967, the action of the respondent authorities in impounding the passport is appropriate and there is no infirmity/illegality in the action of the respondent authorities in impounding the passport. Hence, no relief be granted. 6. Heard learned counsels, perused the record. Considered the rival submissions. 7. It is not in dispute that petitioner has a passport bearing No.B7258670 issued by the concerned authorities on 26.10.2023 and the same would expire on 25.10.2033. It is also evident from the record that FIR No.168 of 2020 has been registered against the petitioner pending before Narsingi Police Station under the Cyberabad Commissionerate limits for the offences under Sections 420, 408 of IPC dated 17.02.2020 and the same was not brought to the notice of the respondent authorities in the application. 8. It is stated by petitioner that he could not respond to the communication received by E-mail on 03.04.2024 as he had not opened his E-mail till 08.05.2024. Hence, it is only a bonafide mistake that he could not respond in time to the show cause notice. 9. This Court is of the considered opinion that an opportunity be provided to the petitioner to inform the respondent authorities about the case which is pending against him by way of a representation or a reply to the show cause notice dated 03.04.2024. The petitioner shall provide all the particulars and details as sought for by the respondent authorities in the representation to be made within a period of one (01) week from the date of receipt of a copy of this order and respondent authorities shall take the same into consideration and pass appropriate orders on the representation submitted by the petitioner. It is trite to take note of the fact that this Court in Writ Petition No.2802 of 2024, wherein a criminal case was registered against the petitioner therein, this Court had directed issuance of passport. It is trite to take note of the fact that this Court in Writ Petition No.2802 of 2024, wherein a criminal case was registered against the petitioner therein, this Court had directed issuance of passport. The order passed by this Court in W.P.No.2802 of 2024 be considered while renewing/issuing of the passport to the petitioner. It is also made clear that if the petitioner after receipt of the passport is intending to travel abroad, he shall take permission from the concerned Court. It is also made clear that the conditions imposed in W.P.No.2802 of 2024 shall be applicable to the petitioner which reads as under: 'Under Section 10 of the Passports Act, under Rule 12 of Passport Rules, 1980, without reference to the Criminal Proceedings pending against the petitioner in C.C.No.472 of 2017 on the file of the learned XII Additional Chief Metropolitan Magistrate, Hyderabad and also the Gazette Notification issued by the Central Government vide GSR No.570(E) dated 25.08.1913, subject to the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.472 of 2017 on the file of the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, stating that he will not leave India during pendency of the said case without permission of the Court and that he will cooperate with trial Court in concluding the proceedings in the said case. ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks therefrom; iii) The petitioner herein shall submit certified copy of aforesaid undertaking before the Respondent Passport Officer for renewal of his passport; iv) The Respondent-Passport Officer shall consider the application of the petitioner for issuance of passport with File No.HY1076194300324 dated 25.01.2024 in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewal of his passport in accordance with law, within three (03) weeks from the date of receipt of said order copy; v) On renewal of the Passport, the petitioner herein shall deposit the original renewed Passport before the trial Court in C.C.No.472 of 2017 on the file of the learned XII Additional Chief Metropolitan Magistrate, Hyderabad; and vi) However, liberty is granted to the petitioner herein to file an application before the trial Court seeking permission to travel aboard and it is for the trial Court to consider the same in accordance with law'. 10. With the above observations, the Writ Petition is disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.