The issuance of a valid non-bailable warrant by a competent court provides sufficient grounds for passport authorities to impound a passport under Section 10(3)(h) of the Passports Act, 1967, and the passport holder must seek redress from the trial court.

O R D E R:

Smt. Maddu Vijayamma, GPA holder of petitioner states that marriage of petitioner with Jonnalagadda Prathyusha Reddy was performed on 16.03.2017 at PBR Gardens, Nagole, Hyderabad, in accordance with Hindu rites and customs. After marriage, petitioner established matrimonial residence in USA. It is alleged that wife was not cooperative, frequently picked up quarrels stating that she married petitioner only to go to USA, and mentally harassed him.

1.1. It is further stated, with an ulterior motive, the wife approached the Cambridge Police Department and lodged a complaint on 25.03.2020 making false and frivolous allegations. Thereafter, her father J. Yadagiri Reddy lodged a complaint before P.S. Saroornagar WPS, Rachakonda Commissionerate, which was registered as F.I.R.No.283 of 2020 on 31.08.2020. The Police, Saroornagar WPS, filed charge sheet against petitioner, his parents and sister under Sections 498-A , 417, 406, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. It was alleged that no notice under Section 41A CrPC was served on petitioner. According to petitioner, no offence occurred within the jurisdiction of police in India, yet charge sheet was mechanically filed. Based on the said charge sheet, the learned V Additional Metropolitan Magistrate at LB Nagar, Cyberabad, took cognizance in C.C.No.6100 of 2020, but however, no summons or notices were served on petitioner till date.

1.2. Petitioner is stated to have received e-mail notice dated 25.11.2021 from the Respondent No.2 – Regional Passport Officer calling for explanation regarding issuance of NBW in the Criminal Case, within 15 days. He submitted reply on 06.12.2021 explaining that he had been holding passport No.N5659225 issued on 07.12.2015, that due to matrimonial disputes his father-in-law got a false complaint filed, and that his wife was residing in USA. It was also stated that he filed O.P.No.1754 of 2021 before the Family Court, Ranga Reddy District at LB Nagar seeking divorce, which is pending.

1.3. Despite the said explanation, Respondent No.2 issued show cause notice dated 22.12.2021 directing petitioner to surrender his passport before their office /nearest Indian Embassy or obtain NBW recall order within 21 days, failing which action would be initiated under the Passports Act, 1967. Petitioner contends that Passport Authorities could not compel surrender of passport merely on the basis of complaint lodged by the father-in-law when the dispute was matrimonial in nature. It is also asserted that petitioner had not received summons or notice from the criminal court, much less before issuance of NBW, and reserved his right to take appropriate action separately.

1.4. Challenging the show cause notice dated 22.12.2021, petitioner is stated to have filed Writ Petition No.2956 of 2022 which was disposed of on 10.08.2022 granting liberty to submit explanation to the show cause notice dated 24.02.2022 within one week and directing Respondent No.2 to pass appropriate orders under the 1967 Act within one week thereafter. It was also directed that if no explanation was submitted, orders could be passed treating that petitioner had no explanation.

1.5. In pursuance of the said order, petitioner is stated to have submitted explanation on 20.08.2022. However, without referring to the said explanation, Respondent No.2 passed order dated 01.09.2022 in File No.HY1079413018215 impounding the passport on the grounds that criminal case and NBW were pending, invoking Section 10(3)(e) and Section 10(3)(h) of the Passports Act, 1967, and directed immediate surrender of passport. According to petitioner, Respondent No.2 did not consider or even mention the explanation d