Smt.Rayaprolu Manikantha Veena vs The Government Of India And 2 ...
2022 Latest Caselaw 5977 Tel

         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