Disposed

Sri G Sathivel v. the Regional Passport Officer

Karnataka HC8 Feb 2023WP/1297/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, on a preliminary hearing of a writ petition seeking mandamus to impound a passport based on non-certified documents, directed the petitioner to approach the Regional Passport Officer with necessary certified documents and a non-bailable warrant, promising appropriate orders within four weeks of compliance before disposing of the petition.

What did the court decide?

Directed petitioner to approach RPO with certified copies and non-bailable warrant within four weeks; appropriate orders to follow thereafter.

Sri G Sathivel Vs the Regional Passport Officer — Writ and Judicial Review | Karnataka HC (2023)

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WP No. 1297 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1297 OF 2023 (GM-PASS)

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BETWEEN:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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SRI. G. SATHIVEL S/O LATE M. GOVINDASWAMY, AGED ABOUT 40 YEARS OCC: BUSINESS #343/11, 1ST FLOOR SAMPIGE ROAD MALLESHWARAM, BENGALURU 560003.

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…PETITIONER

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(BY SRI. H.P. RAGHU.,ADVOCATE)

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AND:

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THE REGIONAL PASSPORT OFFICER, THE OFFICE OF REGIONAL PASSPORT, 80 FEET ROAD, 8TH BLOCK, KORAMANGALA, BENGALURU-560095.

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UNION OF INDIA

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REP BY THE JOINT SECRETARY (PSP & CPO) MINSITRY OF EXTERNAL AFFAIRS, (CPV) DIVISION 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BANGALORE.

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…RESPONDENTS

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(BY SRI. SHANTHI BHUSHAN.,DSGI FOR R1 AND R2)

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WP No. 1297 of 2023

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYED THAT THIS HON'BLE COURT BE PLEASED TO: ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENT NO.1 TO CONSIDER THE PETITIONER'S REPRESENTATIONS DATED 02/11/2022 AND 28/11/2022 AS PER ANNEXURE A AND A1 FOR INITIATING THE PROCEEDINGS UNDER SECTION 10 OF PASSPORT ACT 1967; 2) PASS SUCH OTHER ORDER OR ORDERS AS DEEMED FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE.

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

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ORDER

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The petitioner is before this Court seeking the following prayer:

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a. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondent No.1 to consider the Petitioner's representations dated 02/11/2022 and 28/11/2022 as per Annexure A and A1 for initiating the proceedings under section 10 of Passport Act 1967.

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b. Pass such other Order or Orders as deemed fit and proper in the circumstances of the case in the interest of justice and equity.

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WP No. 1297 of 2023

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Heard Shri H.P.Raghu, learned counsel appearing

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for the petitioner and Shri Shanthi Bhushan, learned DSGI appearing for the Respondents.

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The learned DSGI, Shri Shanthi Bhushan

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appearing for the respondents taking this Court to the objections would submit that the petitioner had to approach the Regional Passport Office, with what is needed for redressal of his grievance. He would take this Court through the so refering to Para Nos.8 to 11, which

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read as follows:

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8. The representation of the petitioner is being considered but the Warrant of Arrest enclosed was u/s 138 of NI Act, CRPC of u/s 200 of Cr, PC R/w Sec 138 of NI Act purely being civil in nature.

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9. As per the Passport Manual, a certified copy of the summons or warrant or order issued by the court and sufficient documentary evidence before initiating action of Impounding/Revocation has to be furnished.

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10. The petitioner has enclosed a photocopy of the Warrant of Arrest along with his representation which is received on 4/11/2022 and the Warrant of Arrest is not certified by the Hon'ble Court.

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WP No. 1297 of 2023

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11. The petitioner is permitted to seek appointment on requisition to meet the Regional Passport Officer on all working days except Wednesday and place all the supporting certified copies of the documents or the Complaints are also received by email/post, subject to complaint supported by the certified copies of the documents relied upon".

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The learned counsel for the petitioner at this

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juncture on going through the objections would submit that he would approach the Regional Passport Office with what is needed for the redressal of his grievance within four weeks from the date of receipt of copy of this order.

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In the event, if the petitioner complies with the

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averments in the objections as quoted supra, the Authorities shall pass appropriate orders thereon within

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four weeks thereafter.

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WP No. 1297 of 2023

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With the aforesaid observations, the petition stands

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disposed of.

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Sd/JUDGE

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Sri G Sathivel v. the Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Sri G Sathivel v. the Regional Passport Officer

Case brief

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What did the court decide?

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