THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.9550 of 2025

ORDER

Heard Sri P.Ravi Shankar, learned counsel for the petitioner and Sri K.V.V Vedantha Chary, learned Standing Counsel appearing for the respondents. With their consent, this writ petition is taken up for disposal.

2. The present writ petition is filed to declare the action of respondent No.3 in impounding the passport of the petitioner bearing No.Z4031210 issued on 09.03.2017 on the ground of pendency of criminal case in C.C.No.988 of 2017 pending on the file of III Court of Judicial Magistrate, Tiruppur vide Lr.Ref No.IMP/320575275/25, dated 24.01.2025 as illegal and arbitrary and consequently direct respondent No.3 to release the impounded passport by setting aside the impugned letter issued by respondent No.3.

3. Brief facts as stated are that the petitioner is a Software Professional doing consultancy business and for the purpose of his business, has to travel several countries. In this regard, the petitioner had applied for Passport and got issued Passport. Further case is that after exhausting earlier Passport, petitioner applied for new Passport and same was issued by vide Passport bearing No.Z4031210, 09.03.2017.

4. Learned counsel for petitioner would submit that due to some business rivalry, a criminal case vide C.C.No.988 of 2017 was filed against the petitioner before the Court of Tiruppur, Chennai and that the petitioner was granted bail and the case is pending in C.C.No.988 of 2017, on the file of III Judicial Magistrate, Tiruppur. Later a show cause notice dated 12.04.2013 was issued directing to the petitioner show cause why the Passport cannot be impounded. Thereafter, petitioner submitted reply on

19.04.2023.

5. It is further submitted that petitioner’s son i.e., Haneesh Duvvada, aged about 14 years is a chronic patient by birth suffering from severe congenital problem which requires prolonged treatment as such petitioner took him to Milano, Italy during November, 2023 till 13.03.2025 for prolonged treatment. It is further submitted that respondent No.3 issued impugned letter bearing No.IMP320575275/25, dated 24.01.2025 relevant portion is extracted as under:

“….It has been decided to impound the passport bearing No.Z4031210 issued on date 09.03.2017 to Shri/Smt. Kumari RAJESH KUMAR DUVVADA S/o, D/o. W/o., C/o. APPARAO DUVVADA under Section 10(3) (e). “Criminal case is pending before the Court”

Your are therefore, requested to submit the Passport to this Passport Office with immediate effect, it not already done….”

6. Thereafter, petitioner made a representation on

19.04.2023 through his counsel and requested time to surrender the Passport and respondent No.3 vide latter No.HYD/30/POL/PCC/71/2023, dated 17.02.2025. 15.04.2025 extended time till 15.04.2025 for surrender of Passport.

7. It is further submitted that after completion of medical treatment of petitioner’s son, when they arrived back to India, the Immigration Officer, Hyderabad seized the petitioner Passport and issued acknowledgement dated 15.03.2025. Later, the petitioner approached respondent No.3 seeking return of the Passport but the same was not returned on the ground of pendency of criminal case. Questioning the impounding of the petitioner Passport by respondent No.3, the present writ petition is filed.

8. Today when the matter is taken up for hearing, learned standing counsel for appearing for the respondents placed copy of the instructions issued by the Deputy Passport Officer, Hyderabad, dated 27.03.2025 which is records as follows:

• The petitioner was issued a passport No. Z-

4031210 dated 09.03.2017 in continuation of his previous passport No.L-7096946.

• This office has received a private complaint along with Court Certified copy of CC No.30/2012, under Section 406 and 420 IPC registered at Central Crime Branch, Tiruppur.

• The petitioner was issued a Show Cause Notice dated 12.04.2023 by this office asking him to furnish his explanation and his details were updated in t