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2021 Supreme(UK) 389
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Rajat Kumar (karanwal) - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition (M/S) No. 2773 of 2021
Decided On : 22-12-2021
Divya Jain, Advocate, Pankaj Chaturvedi, Advocate
The judgment in a criminal case can be submitted to the Appellate Authority for consideration of the release of an impounded passport.
Headnote:
Passport - Impoundment - The court disposed of the writ petition with liberty to the petitioner to submit the judgment rendered by the court in a criminal case before the Appellate Authority for the release of the passport.
Fact of the Case:
The petitioner's passport was impounded due to pending criminal proceedings against him, but the petitioner argued that the criminal proceedings had been quashed by the court.
Finding of the Court:
The court disposed of the writ petition with liberty to the petitioner to submit the judgment rendered by the court in a criminal case before the Appellate Authority.
Issues: Impoundment of passport, pending criminal proceedings, appeal before Competent Authority
Ratio Decidendi: The court allowed the petitioner to submit the judgment of the quashed criminal proceedings to the Appellate Authority for consideration of the release of the passport.
Final Decision: The writ petition is disposed of with liberty to the petitioner to submit the judgment rendered by the court in a criminal case before the Appellate Authority.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner's passport was impounded by the Regional Passport Officer, Dehradun, vide order dated 29.07.2021 on the ground that an F.I.R. was lodged against him under Section 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, by Shrishti Karanwal and further that a criminal prosecution was also pending against the petitioner in the Court of Additional Chief Judicial Magistrate, Dehradun for the aforesaid offences.
2. According to the petitioner, since the criminal proceedings have been quashed by this Court in Criminal Misc. Application (C-482) No. 1818 of 2021, therefore, the passport be released.
3. Mr. Pankaj Chaturvedi, learned Standing Counsel appearing for respondents has pointed out that against the order of impounding, petitioner has filed an appeal, which is pending before Chief Passport Officer (respondent no. 4).
4. By means of this writ petition, petitioner has sought the following reliefs:-
"1-issue to issue appropriate writ, direction or order to quash and set-aside the impugned order dated 29-07-2021 passed by the respondent no. 3 and 4.
2-Issue a writ in the nature of mandamus directing the respondent authorities particularly respondent No. 2, 3 and 4 to release the passport No. T2496335 of the petitioner so that the petitioner can go back to his place of posting, and also to update the system that the passport of the petitioner has been released so that petitioner has no problem at any Air Port while travelling abroad."
5. Since petitioner's appeal is pending before Competent Authority, therefore, the writ petition is disposed of with liberty to petitioner to submit the judgment rendered by this Court in Criminal Misc. Application (C-482) No. 1818 of 2021 before the Appellate Authority. If petitioner produces the judgment rendered in Criminal Misc. Application (C-482) No. 1818 of 2021 within one week from today, the Appellate Authority shall decide the appeal, as early as possible, preferably within four weeks from the date of production of certified copy of this order.
6. Let a certified copy of this order be issued within 24 hours.
