WPMS/1227/2021
2021 Latest Caselaw 2193 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
         ON THE 2ND DAY OF JULY, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRITPETITION (M/S) No. 1227 of 2021

BETWEEN:

Ms. Shrishti Karnwal,
alias Shrishti Onkar.                            ...Petitioner
     (By Mr. Neeraj Garg, Advocate)

AND:
Union of India & others                     ....Respondents

     (By Mr. Rakesh Thapliyal, Assistant Solicitor General with
     Mr. Pankaj Chaturvedi, Standing Counsel for Union of
     India)


                      JUDGMENT

According to the petitioner, respondent no. 4 is an Indian Passport Holder, who was serving in Dubai; but, these days, he has come back to India. Petitioner has made a complaint against respondent no. 4 to the Regional Passport Authority, wherein she has highlighted that some criminal case is pending against respondent no. 4. Petitioner has also prayed that Passport of respondent no. 4 be impounded for certain reasons indicated in her representation.

2. Grievance of the petitioner is that Regional Passport Officer has not taken any decision on her complaint. Thus, feeling aggrieved, petitioner has approached this Court.

3. Mr. Rakesh Thapliyal, learned Assistant Solicitor General was asked to get instructions in the matter. Today, on instructions, he submits that respondent no. 4 is holding a Passport, which was issued by Consulate General of India, Dubai. He further submits that Passport of respondent no. 4 cannot be impounded merely because an F.I.R. has been lodged against him.

4. Learned counsel for the petitioner submits that a Criminal Court has framed charges against respondent no. 4 on 19.04.2021 for the offences punishable under Section 498-A, 323 I.P.C. & Section 3/4 of Dowry Prohibition Act, which is sufficient for the purpose of impounding his Passport under Section 10 (3) (e) of Passport Act.

5. Without expressing any opinion on the merits of the case, this Court thinks that ends of justice would be met if Regional Passport Authority is directed to pass appropriate order on petitioner's complaint.

6. Accordingly, the writ petition is disposed of with a direction to Regional Passport Authority to consider petitioner's complaint and take appropriate decision thereupon, in accordance with law, within a period of four weeks' from the date of production of certified copy of this order alongwith copy of complaint filed by the petitioner.

(MANOJ KUMAR TIWARI, J.) Arpan