Bombay High Court

Bhimrao Marotirao Ambalkar vs Regional Passport Office, Nagpur ... on 4 February, 2025

Author: Nitin W. Sambre

Bench: Nitin W. Sambre

2025:BHC-NAG:1069-DB


                                                                        1                                wp.805.24.odt

                               N THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        NAGPUR BENCH : NAGPUR

                                   CRIMINAL WRIT PETITION NO. 805 OF 2024

                    Bhimrao Marotirao Ambalkar
                    Age - 65 years, Occ. - Retired,
                    Permanent R/At : Flat No.6,
                    Shubham Apartment, Ranpise Nagar,
                    Akola - 444001.                                                  ... PETITIONER
                               ...VERSUS...

                1. Regional Passport Office, Nagpur
                    Having its Office at - CGO Complex B-Block
                    Seminary Hills Road, Seminary Hills,
                    Nagpur - 440006.
                2. Ministry of External Affairs
                    Through Union of India,
                    Headquarter at South Block,
                    Secretariat Building,
                    Raisina Hill, New Delhi, Delhi, India.
                    [Notice to be Served through the Learned
                    Standing Counsel Union of India]
                3. State of Maharashtra
                    Through Hiwarkhed Police Station,
                    Akola.                                                           ... RESPONDENTS

               ------------------------------------------------------------------------------------------------------
               Mr. S. L. Bhojwani, Advocate for the Petitioner.
               Mr. N. S. Deshpande, D.S.G.I, for Respondent Nos.1 and 2.
               Mr. S.S. Doifode, A.P.P. for Respondent No.3.
               ------------------------------------------------------------------------------------------------------

               CORAM :  NITIN W. SAMBRE AND
                        MRS. VRUSHALI V. JOSHI, JJ.
               JUDGMENT RESERVED ON : 15.01.2025.
               JUDGMENT PRONOUNCED ON : 04.02.2025

               JUDGMENT (PER : MRS. VRUSHALI V. JOSHI, J.):

1. Rule. Rule is made returnable forthwith. Heard finally by

consent of learned Counsel appearing for the parties.

2 wp.805.24.odt

2. The petitioner is seeking directions to the respondent No.1 -

Regional Passport Office, Nagpur to forthwith release the passport of the

petitioner being No. P2461514, which is impounded by the Regional

Passport Office and after the release of the passport, grant permission to

travel to the United States of America.

3. The respondent No.1 found that while applying for passport,

the petitioner has suppressed the fact about pendency of criminal trial

against him and, therefore, by taking action under Section 12(b) of the

Passports Act, 1967, has impounded the passport of the petitioner.

4. The facts in brief are as under :

5. In the year 2009, one Ramesh Pawar made a complaint against

the petitioner, who was working at Water Resources Department as a Sub

Divisional Officer, thereafter, the departmental enquiry was conducted by

the then Deputy Superintendent of Police, Anti Corruption Bureau, Akola.

On 19.12.2009, the Superintending Engineer, Buldana Irrigation Project

Circle Department has exonerated (absolved) the petitioner from the

charges of corruption. Based on the same complaint, the First Information

Report was registered against the petitioner at Hiwarkhed Police Station,

Akola bearing First Information Report No.55/2010 for the offence

punishable under Section 468, 471, 409 and 420 read with Section 34 of

the Indian Penal Code and Section 13(1)(c)(d), (2) of the Prevention of 3 wp.805.24.odt

Corruption Act on 12.10.2010. On 18.04.2012, the Deputy Secretary,

Government of Maharashtra passed an order thereby absolving the

petitioner from the complaint No.2006/2/(93/06).

6. The police have filed the Final Report (C Summary) before the

Trial Court stating that neither a case of alleged corruption by the petitioner

nor an offence of forgery by the petitioner is made out, hence, the case has

been registered as C Summary vide Case No.1/2015 before the Sessions

Judge, Akot.

7. The petitioner has applied for permission to obtain the

passport. On 07.01.2017, the Government of Maharashtra issued No

Objection Certificate. Accordingly, he applied for the passport at the

Regional Passport Office, Nagpur on 14.02.2017. The Authority has issued

the passport bearing No.P2461514 on 16.02.2017. The petitioner got

retired on 30.11.2017. Thereafter, he travelled to Singapore and Indonesia

in the year 2019 and also travelled to the United States of America and

returned back to India on 22.09.2019.

8. The petitioner received a letter on 26.09.2019 issued by the

Regional Passport Office, Nagpur intimating the petitioner that his passport

bearing No.P2461514 has been impounded and asked the petitioner to

submit his passport in the said Office. The petitioner had received some

letter allegedly issued by the Passport Authority on 28.06.2017 and 4 wp.805.24.odt

06.07.2019. Said unserved notice dated 06.07.2019 was issued for

proposed action under Section 10(3)(e) and 12(1)(b) of the Passports Act,

1967. Being aggrieved by the said action and show-cause notices issued by

the respondents, the petitioner has filed this petition.

9. The respondent No.3 has filed reply stating that the Crime

Bearing No.55/2010 was registered against the petitioner with Police

Station, Hiwarkhed. The investigation was set into motion and it is

concluded into filing of C Summary vide Case No.1/2015 before the

Sessions Judge, Akot. Such C Summary is still pending on the file of the

Sessions Judge, Akot. It is not yet accepted by the Court. The petitioner

has approached before this Court belatedly and no cogent reason is given.

Hence prayed to dismiss the petition.

10. Heard the learned Counsel for the petitioner and the

respondents.

11. The passport of the petitioner was impounded as per Section

10(3)(e) of the Passports Act, 1967. Section 10(3)(e) of the Passports Act,

1967 reads thus :

"Section 10. Variation, impounding and revocation of passports and travel documents. -

(1) ------

(2)------

(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document, -

5 wp.805.24.odt

(a) --------

(b)-------

(d) ---------

(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a Criminal Court in India."

As per this section, according to the Passport Authority, the

criminal proceeding was pending against the petitioner and the said fact

was suppressed by him while obtaining the passport.

12. It appears from the record that in the year 2009, as per office

order, he was exonerated from Departmental Enquiry. After exonerating

from the Departmental Enquiry, the First Information Report was

registered, the investigation was completed and the C Summary was filed in

the Sessions Court and it was informed to the petitioner. Therefore, the

petitioner was under impression that no offence is pending against him and

therefore, he has not mentioned about the First Information Report

registered against him and the filing of C Summary. The C Summary which

is pending before the Trial Court cannot be the ground for impounding the

passport of the petitioner. The petitioner has not received show-cause

notices about impounding and taking action under Section 12(b) of the

Passports Act, 1967. Section 12(b) of the Passports Act, 1967 reads thus :

"Section 12. Offences and penalties. - (1) Whoever -

(a) -----

(b) knowingly furnishes any false information or suppresses any material information with a view to obtaining a passport or 6 wp.805.24.odt

travel document under this Act or without lawful authority alters or attempts to alter or causes to alter the entries made in a passport or travel document."

As per Section 12(b), if the person knowingly furnishes any

false information or suppresses any material information, emphasizing on

'knowingly', the petitioner was not knowing about the pendency of

C Summary before the Trial Court, he was only aware about the fact that

the crime against him is not made out as the same was informed by the

police and also by the Court, therefore, the action taken under Section

12(b) of the said Act will not be attracted against the petitioner. No offence

is pending against the petitioner. Earlier after receiving the passport, the

petitioner has travelled to Singapore, Indonesia and the United States of

America in the year 2019, nothing wrong happened as he returned back to

India on 22.09.2019. Therefore, the action taken by the Authority

impounding the passport and not allowing the petitioner to travel abroad, is