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2003 Supreme(Cal) 491

RAJENDRA NATH SINHA, D.K.SETH
ABHIJLT SEN – Appellant
Versus
SUPERINTENDENT (ADMINISTRATION) REGIONAL PASSPORT OFFICER, KOLKATA – Respondent


Advocates Appeared:
BIKASH RANJAN BHATTACHARJI, DEB RANJAN BASU MALLICK, SHIBDAS BANERJI

D. K. SETH, J.

( 1 ) THE writ petition was moved challenging the order impounding passport of the appellant/petitioner under section 10 (2) (e) of the Passport Act, 1967 on the allegation that a criminal case is pending against the appellant/petitioner before a Criminal Court in India. The passport issued was sought to be impounded. The writ petition, however, was disposed of with certain directions by an order dated 14th August, 2003. In the said decision it was held that the criminal case seem to be pending before the Court against the appellant/petitioner in the facts and circumstances of the case and, therefore, the appellant/petitioner was injuncted from leaving India till the question is decided by the regional Passport Officer. The scope of decision of the Regional Passport Officer was confined to the direction given in the said decision under appeal to the extent that the passport Officer will give a hearing to the petitioner and arrive at a conclusion as to whether a criminal case is pending. The passport Officer has already formed an opinion that a criminal case is pending. But at this stage, we do not propose to interfere with that part of the orden But the question rem





















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