THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.No. 750 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. Kuriti Bhaskara Rao, learned counsel for the
appellant; Mr. G.Praveen Kumar, learned Deputy Solicitor
General of India for respondents No.1 and 2; and
Mr. V.Mallikarjun Shastry, learned counsel for respondent No.3.
2. This appeal is directed against the order dated 13.09.2022 passed by the learned Single Judge in W.P.No.28679 of 2022 filed by respondent No.3 as the writ petitioner.
3. Appellant and respondent No.3 are wife and husband having estranged relationship. Respondent No.3 had filed the related writ petition questioning the action of Regional Passport Officer, Secunderabad in issuing final remainder letter dated 27.06.2022 directing respondent No.3 to surrender his passport to the said authority.
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4. Learned Single Judge found from the record that respondent No.3 is an accused in C.C.No.1744 of 2021 pending on the file of Principal Junior Civil Judge -cum - Judicial Magistrate of First Class, Srikakulam; the offences alleged against respondent No.3 are under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961; appellant herein complained before the Regional Passport Officer against respondent No.3 and requested for impounding the passport of respondent No.3 in view of the criminal case; showcause notice was issued to respondent No.3 to which he submitted explanation on 24.05.2022; it was alleged by respondent No.3 that without passing any order under Section 10(B) of the Passport Act, 1967 (briefly 'the Act' hereinafter), Regional Passport officer vide the final remainder letter dated 27.06.2022 directed respondent No.3 to surrender the passport; it was at that stage that respondent No.3 preferred the related writ petition.
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5. After adverting to Section 10(5) of the Act, and noticing that dispute between appellant and respondent No.3 are matrimonial, learned Single Judge took the view that case of respondent No.3 does not fall within any of the categories mentioned in Section 10(5) of the Act; therefore, it was not open to the Regional Passport Officer to have directed respondent No.3 to surrender the passport; however, Regional Passport Officer can proceed with the enquiry under Section 10(3) of the aforesaid Act on the complaint lodged by the appellant.
6. In the above circumstances, learned Single Judge vide the order dated 13.09.2022 disposed of the writ petition granting liberty to respondent No.3 to submit reply to the final remainder letter dated 27.06.2022 within ten days whereafter, Regional Passport Officer was granted liberty to proceed with the enquiry and pass appropriate order in accordance with law under Section 10(3) of the Passport Act, 1967. Till such an order is ::4::
passed, Regional Passport Officer has been directed not to insist respondent No.3 to surrender his passport.
7. In the hearing today, learned counsel for respondent No.3 submits that following the order of the learned Single Judge dated 13.09.2022, respondent No.3 submitted reply on 23.10.2022. Thereafter, office of the Regional Passport Officer issued notice dated 02.11.2022 directing respondent No.3 to furnish travel permission from trial courts where the cases are pending against respondent No.3 and also such order recalling non-bailable warrant issued against respondent No.3 earlier, failing which impounding process of the passport of respondent No.3 would be initiated under Section 10(3) of the Act.
8. Since respondent No.2 i.e., Regional Passport Officer, Secunderabad is already in seisin of the matter, we are of the view that if the appellant has got any further grievance in the matter, it would be open to her to submit appropriate application before respondent No.2, who shall take the same into consideration ::5::
while taking a decision in terms of the order of the learned Single Judge dated 13.09.2022 passed in W.P.No.28679 of 2022.
9. With the above direction, this Writ Appeal is disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 17.11.2022 LUR