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2006 Supreme(Del) 1560

S.N.AGGARWAL
MOIZ AHMAD KHAN – Appellant
Versus
STATE (GOVT. OF NCT OF DELHI) – Respondent


Advocates Appeared:
A.J.KHAN, Rajdipa Behura, S.K.Dubey


S. N. AGGARWAL, J.

( 1 ) A case under Section 12 of the Passport Act was registered against the petitioner vide FIR No. 482/2006 with Police Station IGI Airport. This case was registered against him when during the night intervening 31. 07. 2006 and 01. 08. 2006, he was checked by the Immigration people at the airport and pages 3, 4, 33 and 34 of his passport were found missing. The petitioner has alleged that he had no hand in the missing of the pages from his passport. He had earlier filed a writ petition being WP (Crl.) No. 1790/2006 for quashing of the aforementioned case registered against him but the said writ petition was dismissed on merits vide order passed by this Court on 17. 08. 2006. The petitioner has now filed this writ petition with the following prayer:-"issue a writ of mandamus or any other appropriate writ, order or direction thereby directing the SHO to release the passport of the petitioner being No. E-0273462 to enable the petitioner to travel and to join duty at Canada or alternatively if this Hon'ble Court feels that the passport in question cannot be released then issue a direction to the Respondent No. 2 to issue fresh passport, in the interest of justice



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