Tuesday, 2 June 2015

Passport can not be impound if show cause notice not issued to holder or given personal hearing.

Section 10(3)(h) in The Passports Act, 1967

(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 or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.


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Karnataka High Court
Smt Ashwini L S vs Union Of India on 29 January, 2015
Author: S.Abdul Nazeer
                             
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 29th DAY OF JANUARY, 2015

                          BEFORE

      THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

      WRIT PETITION No.3184 OF 2014 (GM-PASS)

BETWEEN:

SMT. ASHWINI.L.S,
D/O SRI T.LAKSHMAN,
AGED ABOUT 33 YEARS,
R/AT G-8,PSR PEVILION,
GUDDADAHALLI MAIN ROAD,
HEBBALA,BANGALORE-560 024              ... PETITIONER

       (By SRI M.R. RAVINDRA, ADV.)


AND

1.    UNION OF INDIA
      MINISTRY OF EXTERNAL AFFAIRS,
      REPTD., BY ITS SECRETARY TO
      GOVERNMENT OF INDIA,
      SOUTH BLOCK, NEW DELHI-110001.

2.    JOINT SECRETARY (CPV)
      MINISTRY OF EXTERNAL AFFAIRS,
      ROOM NO.2, PATIALA HOUSE,
      TILAK MARG, NEW DELHI-110 001

3.    REGIONAL PASSPORT OFFICER
      REGIONAL PASSPORT OFFICE
      80 FEET ROAD,8TH BLOCK,
      KORAMANGALA,BANGALORE-95

4.    INSPECTOR GENERAL AND DIRECTOR
      GENERAL OF POLICE,
      STATE OF KARNATAKA,
                            2



     NRUPATHUNGA ROAD,
     BANGALORE-09

5.   SUPERINTENDENT OF POLICE
     B.H. ROAD,OPP TO RTO OFFICE,
     TUMKUR DISTRICT,
     TUMKUR - 572132.

6.   DR. MURALY PUTABYATAPPA
     DEPARTMENT OF OB/GYN AND
     REPRODUCTIVE SCIENCES,
     (PASSPORT NO.E0861918)
     POST DOCTRAL FELLOW,
     UNIVERSITY OF KENTUCKY,
     COLLEGE OF MEDICINE,
     DIVISION OF REPRODUCTIVE
     ENDOCRINOLOGY DEPARTMENT OF
     OBSTERRIES AND GYNECOLOGY.
     (OB-GYN)800,ROSE STREET,
     LEXINGTON,KY.0536-0084
     USA.                             ... RESPONDENTS

     (BY SMT. B.P.RADHA, HCGP FOR R4 & R5
         SRI C.G.SHASHIVARDHAN, CGSC FOR R1 TO R3
         SERVICE OF NOTICE TO R6 HELD SUFFICIENT)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
THE R-1 TO 5 TO CONFISCATE THE PASSPORT OF R-6 IN
PURSUANCE OF THE ORDER PASSED BY THE CIVIL JUDGE,
SR.DN. & JMFC AT TUMKUR IN CC .NO.1272/2012
DTD.7.7.2008 (CC.NO.130/2008) VIDE ANN-B.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:


                      ORDER
Learned counsel for the petitioner submits that Criminal Court has issued an arrest warrant against the 6th respondent for his arrest in C.C.No.1272/12 on the file of the Addl. Civil Judge (Sr.Dn.) & C.J.M., Tumkur. The 6th respondent is working in USA. Having regard to Section 10(3)(h) of the Passport Act 1967, the 3rd respondent ought to have impounded or revoked the passport of the 6th respondent.
2. It is evident that the petitioner has not brought these aspects to the notice of the 3rd respondent. Therefore, petitioner is permitted to make suitable representation to the 3rd respondent with necessary materials in support of her contention. If such a representation is made, the 3rd respondent has to consider the application and pass appropriate orders in accordance with law.
With these observations, the writ petition is disposed of. No costs.
Sd/-
JUDGE KLY/

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