Shaik Mohisin vs The Union Of India
2022 Latest Caselaw 8978 AP

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                 THE HON'BLE SRI JUSTICE BATTU DEVANAND

                     WRIT PETITION NO.36473 of 2022

O R D E R:

This writ petition is filed to declare the proceedings of the 2nd

respondent vide File No.HY5078512251715 dated 06.09.2022 in

impounding the passport of the petitioner bearing No.M9074296, as illegal

and arbitrary.

2. Heard learned counsel for the petitioner, learned Government

Pleader for Home and the learned Special Government Pleader for Central

Government and perused the material available on record.

3. Case of the petitioner is that, he is having passport bearing

No.M9074296 issued by the 2nd respondent. While so, the 2nd respondent

had sent a communication vide Letter dated 06.09.2022 stating that the

passport of the petitioner was impounded, as there was a criminal case is

pending before the Court. According to the petitioner, in view of GSR

No.570(E) dated 25.08.1993 and the Judgment of the Hon'ble Supreme

Court in Crl.A.No.1342 of 2017 dated 27.09.2021, passport of the

petitioner cannot be impounded on the ground that a criminal case is

pending against him. Hence, the writ petition.

4. Sri Challa Ajay Kumar, learned counsel for the petitioner relying

upon the above submissions would contend that impounding of the

passport of the petitioner is clearly arbitrary and violative of rights under

Articles 19 and 21 of the Constitution of India.

5. A perusal of G.S.R.No.570(E) as well as the judgment of the

Hon'ble Supreme Court would go to show that the passport of the

petitioner cannot be impounded because of pendency of a criminal case,

as the Court of competent jurisdiction had not taken cognizance of the

said case. The case of the petitioner would squarely fall within Section

6(2)(f) of the Passports Act, as the said provision stipulates that a

passport need not be issued while a criminal case is pending against the

petitioner. However, it would still be permissible for the petitioner to

move an application before the Court where a criminal case against the

petitioner is pending and seek leave to the Court to go out of the

Country.

6. Accordingly, this writ petition is disposed of leaving it open to

the petitioner to approach the appropriate Court of competent criminal

jurisdiction. There shall be no order as to costs.

7. As a sequel, miscellaneous petitions, if any pending, shall stand

closed.

______________________ JUSTICE BATTU DEVANAND Date: 24.11.2022.

Note: Issue CC tomorrow.

(BO) BSS

THE HON'BLE SRI JUSTICE BATTU DEVANAND

W.P.No.36473 of 2022

Date: 24.11.2022

BSS