Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Sample concise petition outline:
```markdownTo,The Passport Authority,["Address"]
Subject: Petition for Impounding Passport of Name of Holder due to Pending Warrant/Criminal Proceedings
Respected Sir/Madam,
I, Your Name, respectfully submit this petition under Section 10(3)(h) of the Indian Passport Act, 1967, seeking the impoundment of the passport of Holder’s Name, passport number ["XXXXXX"], as there exists a valid non-bailable warrant issued against him/her by Court Name on ["Date"], in case Case Number.
Details of the warrant and pending proceedings are attached herewith for your reference. It is submitted that under Section 6(2)(f) of the Passport Act, the issuance or renewal of the passport can be refused or revoked if criminal proceedings or warrants are pending against the individual.
In view of the above, I request you to impound the passport of Holder’s Name to prevent his/her unlawful departure and ensure his/her appearance before the court.
Thanking you,
Your NameYour Contact Details["Date"]Attachments: Warrant copy, Court order, ["etc."]```
This outline aligns with the legal provisions and judicial precedents summarized above.
In today's interconnected world, ensuring that individuals facing criminal warrants do not flee the jurisdiction is crucial for justice. A common query from law enforcement, prosecutors, or concerned parties is: draft a petition for impounding passport against whom warrant is pending. This blog post breaks down the legal framework, procedure, and provides a ready-to-use sample draft under the Passports Act, 1967. Note that this is general information based on legal precedents and statutes; consult a legal professional for case-specific advice.
Impounding a passport restricts international travel, often invoked when there's a risk of the holder absconding. Under Indian law, this power is exclusive to the Passport Authority, such as the Regional Passport Officer (RPO), and not courts. Courts cannot directly impound passports under CrPC provisions like Section 104, as the special law—Passports Act—prevails over general laws. SURESH NANDA VS C. B. I. - 2008 0 Supreme(SC) 119
The trigger here is a pending warrant or summons. As per Section 10(3)(h): If it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force... and the passport authority is satisfied that a warrant or summons has been so issued. Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29
This is discretionary—the authority must be satisfied and record reasons under Section 10(5), providing a copy unless public interest prevents it. Natural justice principles apply, implying an opportunity to be heard, with appeal rights under Section 11. Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29
Section 10(3)(h) empowers impounding upon notice of a warrant, distinguishing it from other grounds like pending proceedings under Section 10(3)(e). A mere FIR isn't enough; a court-issued warrant confirms judicial cognizance. Moosa Pattupara S/o. Pokker VS State Of Kerala - 2022 0 Supreme(Ker) 91Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29
Key principles:- Exclusive Jurisdiction: Even the Court cannot impound a passport... impounding a 'passport' is provided for in Section 10(3) of the Passports Act. SURESH NANDA VS C. B. I. - 2008 0 Supreme(SC) 119- Discretionary Power: Not automatic; balances right to travel (Article 21) with ensuring court presence. Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29- Procedure: Issue notice under Section 10(1), record reasons, allow representation. Failure to respond to show-cause notices can justify action, but only if properly served. Muhammed VS Union of India - 2018 0 Supreme(Ker) 842Kunjumon Thankappan VS Chief Passport Officer - 2011 0 Supreme(Ker) 1117
In practice, police verification reports or formal applications trigger notices (e.g., Ext.R1(a), (b), (c)) under Sections 6(2)(f)/10(3)(e)/(h). If abroad, impounding occurs at ports/airports. Muhammed VS Union of India - 2018 0 Supreme(Ker) 842
Typically, the Station House Officer (SHO), Investigating Officer (IO), or prosecution files it with the RPO. Enclose:- Copy of warrant/summons- FIR details- Passport particulars- Brief facts showing absconding risk
The petition invokes Section 10(3)(h), requests notice issuance, impounding, and reasons recording. Courts have directed authorities to act without seeking court orders first: It is for the passport authority to take appropriate action for impounding the passport... Section 10(3)(h) of the Act gives power to the passport authority to impound the passport if any warrant of arrest is pending against passport holder. K. Sowmya VS Regional Passport Officer - 2016 Supreme(AP) 333
Non-response alone isn't sufficient unless it's a proper Section 10(1) notice; civil/family matters are irrelevant. Kunjumon Thankappan VS Chief Passport Officer - 2011 0 Supreme(Ker) 1117
Format: Use police/prosecution letterhead; file with enclosures.
```To,The Regional Passport Officer,Office Address, e.g., Regional Passport Office, [City],Passport Authority under Passports Act, 1967.
Subject: Request for Impounding Passport No. Passport No. of Name of Holder, S/o Father's Name, R/o Address - Pending Non-Bailable Warrant in Crime No./Case Details u/ss IPC Sections of Police Station/Court.
Respected Sir,
I, Your Name, SHO/Inspector, Police Station, District, do hereby bring to your notice under Section 10(3)(h) of the Passports Act, 1967, that a non-bailable/bailable warrant for arrest/appearance/summons dated Date has been issued by the learned Judicial Magistrate/Sessions Judge, Court Name, Place, in Crime No. No. of Year of Police Station, registered u/ss Sections, e.g., 420, 406 IPC, against the passport holder Shri/Smt. Full Name, Passport No. No., issued on Date at Place, valid upto Date, last known address Address.
The facts leading to issuance of warrant: Brief facts - e.g., FIR dated [Date for Offence details; investigation reveals absconding/non-appearance; warrant issued vide Court Order No./Date as accused failed to appear despite notices. Enclosed: Copy of FIR, Warrant, Court Order].
The passport holder is required for investigation/trial; there is apprehension of fleeing jurisdiction, necessitating impounding to ensure presence. Satisfied that warrant stands issued, request impounding u/s 10(3)(h) r/w Section 10(1) & (5).
Details of passport holder: Name: [](https://supremetoday.ai/doc/judgement/), DOB: [](https://supremetoday.ai/doc/judgement/), Mobile: [](https://supremetoday.ai/doc/judgement/), Email: if known. Prior notices, if any: Details.
Prayer:a) Impound/cause to impound the passport forthwith;b) Issue notice u/s 10(1) to holder at Address requiring surrender within Time, e.g., 7 days;c) Record reasons u/s 10(5) and communicate;d) Any other orders in interests of justice.
Enclosures:1. Copy of FIR.2. Copy of Warrant/Court Order.3. Copy of Police Verification Report (if any).4. Passport details extract.
Yours faithfully,Name,Designation, e.g., SHO,Police Station,Contact DetailsDate: [](https://supremetoday.ai/doc/judgement/)Place: [](https://supremetoday.ai/doc/judgement/)```
This draft is tailored from established procedures. Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29Muhammed VS Union of India - 2018 0 Supreme(Ker) 842
Courts consistently uphold passport authority's role. In cases seeking passport issuance amid pending cases, applicants must obtain court permission first: Passport issuance or renewal is contingent upon production of orders from the concerned Court permitting the applicant to depart from India when a criminal case is pending before a Court. Arun VS Regional Passport Officer, Regional Passport Office, Trichy - 2024 Supreme(Mad) 225K. Prasanth VS Regional Passport Officer, Office of the Regional Passport Office, Bharathi Ula Veethi Madurai – 625002 - 2022 Supreme(Mad) 1129
A Gazette notification (GSR 570(E), 25.08.1993) governs issuance when proceedings pend before criminal courts. Mirza Habib ul Hassan Beigh VS Union of India - 2018 Supreme(J&K) 170
In domestic violence scenarios with NBWs, authorities must act under Section 10(3)(h) without court directives: Since petitioners case falls under Section 10(3)(h)... it is for the 1st respondent to consider the case of the petitioner in terms of Section 10(3)(h). K. Sowmya VS Regional Passport Officer - 2016 Supreme(AP) 333
Recommendations: Coordinate with police for verification; track abroad via MEA circulars. Always enclose proofs for swift action.
Impounding ensures justice without unduly restricting rights. For tailored guidance, seek expert legal counsel. This overview draws from key precedents like Maneka Gandhi VS Union Of India - 1978 0 Supreme(SC) 29, SURESH NANDA VS C. B. I. - 2008 0 Supreme(SC) 119, Muhammed VS Union of India - 2018 0 Supreme(Ker) 842, Kunjumon Thankappan VS Chief Passport Officer - 2011 0 Supreme(Ker) 1117, Moosa Pattupara S/o. Pokker VS State Of Kerala - 2022 0 Supreme(Ker) 91, K. Sowmya VS Regional Passport Officer - 2016 Supreme(AP) 333, Arun VS Regional Passport Officer, Regional Passport Office, Trichy - 2024 Supreme(Mad) 225, and others.
#PassportImpound, #PassportsAct, #LegalPetition
pending before a criminal court in India; Section 10(3) (h): (h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued ... With the above said observations, the writ petition is allowed. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ... Detective Department Hyderabad....
Detective Department Hyderabad vide C.No. 40/DCP-Camp/DD/HYD/2017 dtd. 28/4/2017 enclosed Non-Bailable warrant against the Respondent No. 6 pending before the Hon'ble XIII Addl. ... With the above said observations, the writ petition is allowed. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ... I submit that I am advised to state that, in terms of Sec.6 (f) and Sec.6 (g) of Indian Passport Act if any proceedings are pending....
Clause (h) of Sub-section (3) of Section 10 further provides that the passport already issued can be impounded or revoked by the passport authority, if it is brought to its notice that a warrant or summons for the appearance, or a warrant for the arrest of the holder of the passport or travel document ... The impugned notice is assailed and the writ of mandamus prayed for in the petition is claimed primarily on the ground that under the Passport Act, 1967 [" the #HL_S....
before a Criminal Court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India or the applicant has been ... With the above direction, the Writ Petition stands disposed of. No costs. ... In this situation issuance of passport to him no way affect the sovereignty of our country. Hence the Petitioner has filed this Writ Petition for....
ORDER : Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to issue passport to the Petitioner on the basis of the application dated 2.8.2022 pending in ... This Writ Petition is filed seeking issuance of a Writ of Mandamus directing the first respondent to issue passport to the Petitioner on the basis of the application dated 2.8.2022 pending in File No.TR2074457632922 before the fi....
the said Court, the order passed in this writ petition. ... before a Criminal Court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India of the applicant ... This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to issue passport to the petitioner, based on the petitione....
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “To issue Writ of Mandamus directing the Respondent – Passport Authority to expedite the decision pertaining to the pending passport application bearing Application No.VJ2074305207722 ... before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in fo....
Writ Petition with the following directions:- (a) The Petitioner has to approach the concerned Court where the case is pending, seeking for permission to go abroad and for issuance of appropriate passport; (b) Suffice it to say that, when a criminal ... before a Criminal Court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India....
Writ Petition with the following directions:- (a) The Petitioner has to approach the concerned Court where the case is pending, seeking for permission to go abroad and for issuance of appropriate passport; (b) Suffice it to say that, when a criminal case is ... before a Criminal Court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from....
Pending applicat ion, if any, also st ands disposed of. ... I n view of t he above, t he present com pounding applicat ions deserve t o be allowed. 13. Accordingly, t he com pounding applicat ions are allowed. ... The Dem and Draft No.293762, dat ed 12.11.2024, which is valid for t hree m ont hs is apparent ly not execut able, as it is beyond lim it . 11. ... I n t he inst ant applicat ions, a Com pounding Applicat ions ( I A No. 01 of 2024) have been ....
Act nowhere restricts a person against whom a criminal case is pending and who holds a valid passport from travelling abroad. The pendency of a criminal case after the issuance of the passport only enables the passport authority to impound the passport invoking S.10. For these reasons, I hold that an accused in a pending criminal case who holds a valid passport need not obtain permission from the Court concerned for visiting a foreign country in terms of the Notification GSR 570(E) dated 25/8/1993 r/w S.6(2)(f) of the Passports Act, 1967.
"Subject: Passport applications of citizens against whom proceedings before a criminal court are pending The issuance of passports to citizens of India against whom proceedings in respect of offences alleged to have been committed by them are pending before a criminal court in India is administered by the provisions notified in the Gazette of India vide GSR 570 (E) dated 25.08.1993. The Gazette notification is available on the passport portal at the link:
I.A.2007/15 Commission petition pending, IA 1764/15 petition for impounding passport. IA 2008/15, IA 1764/15 and W/S of D1, D2. Counter in IA 2007/15 & IA 2008/15 by 17/3/2016. A/B is directed to furnish copy of the petition to the defendant within a week.
It is for the passport authority to take appropriate action for impounding the passport of the 2nd respondent. Passport authority-1st respondent herein should not have asked the petitioner to obtain specific orders from the competent Court for impounding the passport of the 2nd respondent. 15. Section 10(3)(h) of the Act gives power to the passport authority to impound the passport if any warrant of arrest is pending against passport holder.
The Passport officer in all situations has to take the decision strictly in accordance with the provisions of Passport Act, 1967, being a creature of the said statute. Section 10(3) of the Passport Act, 1967, provides that Passport Officer can order for im#31;pounding of Passport. Nothing is brought on record to show or suggest that any of the eventualities mentioned in section 10(3) of the Passport Act, 1967, were existing before issuing order for impounding the Passport of the petitioner. The allegation that brother of the petitioner was allegedly involved in the militant....
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