Allowed

Mr Surender Jain v. Union of India

Karnataka HC17 Dec 2024WP/34446/2024

Case brief

AI extract

What is this about?

A show cause notice to impound a passport for non-disclosure of a pending criminal case was challenged in writ. Since this Court had stayed the underlying criminal proceedings, the notice was held irrelevant and inconsequential. The petition was allowed and the notice quashed.

What did the court decide?

Impugned letter/notice dated 28.11.2024 (Annexure-A) issued by respondent No.3 quashed; petition allowed.

Mr Surender Jain Vs Union of India — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:52524 WP No. 34446 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34446 OF 2024 (GM-PASS)

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BETWEEN:

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MR. SURENDER JAIN SON OF CHHAGANMAL AGED ABOUT 45 YEARS RESIDING AT NO.9/2, LAKSHMI ROAD, SHANTINAGAR, BANGALORE-560 027.

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…PETITIONER

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(BY SRI. NISHAN G.K., ADVOCATE)

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AND:

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

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UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI-110 001.

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PASSPORT AUTHORITY OF INDIA REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001.

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REGIONAL TRANSPORT OFFICE REPRESENTED BY ITS REGIONAL PASSPORT OFFICER, 8^TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560 095.

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…RESPONDENTS

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(BY SRI. H. SHANTHI BHUSHAN, DSGI)

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NC: 2024:KHC:52524 WP No. 34446 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH IMPUGNED LETTER BEARING REFERENCE NO. SCN/320121675/24 DATED 28.11.2024 (ANNEXURE-A) AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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Heard the learned counsel for the petitioner and Sri Shanthi Bhushan, learned Deputy Solicitor General of India for the respondents.

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The petitioner, who was issued with passport, has been issued the impugned show cause notice calling upon him to as to why action should not be taken to impound the passport for not disclosing the criminal case registered against him against the charges under Sections 120B, 420 and 506 of IPC amongst others by the plaintiff in OS No.1857/2024. However, the learned counsel for the petitioner submits that the criminal case registered against the petitioner has been stayed by this Court in WP No.31112/2024 vide order dated 26.11.2024.

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3 - NC: 2024:KHC:52524 WP No. 34446 of 2024

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In light of the order dated 26.11.2024, the impugned show cause notice dated 28.11.2024 seeking an explanation from the petitioner for allegedly suppressing the earlier pending criminal case is rendered irrelevant and inconsequential. The question of impounding the passport on alleged misrepresentation/suppression does not arise, although the petitioner did not disclose the criminal case. Accordingly, I pass the following:

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ORDER

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i) The petition stands allowed.

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ii) The impugned letter dated 28.11.2024 issued by the respondent No.3 vide annexure-A is hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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BKM

Mr Surender Jain v. Union of India

Case brief

What is this about?

What did the court decide?

Mr Surender Jain v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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