Sharukh Khan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sharukh Khan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with a direction to the petitioner to appear before the Passport Officer on 14th February, 2025 in connection with the notice dated 14.11.2024 and put forth his explanation; any explanation submitted is to be considered in accordance with law, and the Passport Officer is to take note of the ratio decided in Ashok Kumar Sipani (supra) when deciding the matter.

Issue for consideration

Whether the petitioner's passport may be impounded on the ground of pendency of a criminal case against him, and what steps he must take in response to the Passport Officer's notice under Section 10(3)(e) of the Passport Act.

Court's answer

Without expressing any opinion on the merits of the case, the Court disposed of the writ application directing the petitioner to appear before the Passport Officer on 14th February, 2025 in connection with the notice dated 14.11.2024 and put forth his explanation.

Ratio / Principle

If the petitioner submits his explanation, the same shall be considered in accordance with law.

Key takeaways

The Passport Officer shall take note of the ratio decided in Ashok Kumar Sipani (supra) when deciding the matter.ratio¶21

Detailed headnote1 paragraphs

Passport impounding - pendency of criminal case - writ petition disposed of without expressing any opinion on merits. Petitioner had received a notice dated 14.11.2024 from the Passport Officer, Bhubaneswar calling upon him to explain under Section 10(3)(e) of the Passport Act within twenty one days; he claimed to have filed a reply but had not appeared. The Court directed the petitioner to appear before the Passport Officer on 14.02.2025 in connection with the notice dated 14.11.2024 and put forth his explanation; any explanation so submitted is to be considered in accordance with law, and the Passport Officer is to take note of the ratio decided in Ashok Kumar Sipani v. Union of India & Another (W.P.(C) No.30881 of 2022, disposed of on 23.12.2024) when deciding the matter.

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.28116 of 2024

Sharukh Khan

...... Petitioner Represented by Mr. D.R. Parida, Advocate

-Versus-

State of Odisha And Others

….. Opp. Parties Represented by Mr. S. Behera, Addl. Government Advocate Mr. P.K. Parhi, DSGI along with Mr. D. Gochhayat, CGC for (O.P. No.2)

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER

07.02.2025

Order No.

04.

This matter is taken up through hybrid mode.

Heard Mr. D.R. Parida, learned counsel for the petitioner and Mr. P.K. Parhi, learned DSGI along with Mr. D. Gochhayat, CGC for the Union of India.

The petitioners grievance is that proceedings have been initiated to impound his Passport on the ground of pendency of criminal case against him.

In course of hearing, Mr. Gochhayat, learned CGC draws attention of this Court to the notice issued on 14.11.2024 by the Passport Officer, Bhubaneswar calling upon the petitioner to explain under Section 10(3)(e) of the Passport Act within twenty one days.

The petitioner claims to have submitted a reply but has not appeared before the Passport Officer.

Mr. Parida further submits that the case of the petitioner is covered by the ratio decided in the case of Ashok Kumar Sipani V. Union of India & Another (in W.P.(C) No.30881 of 2022

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disposed of on 23.12.2024).

In view of the submission as above, without expressing any opinion on the merits of the case, the writ application is disposed of directing the petitioner to appear before the Passport Officer on 14^th February, 2025 in connection with the notice dated 14.11.2024 and putforth his explanation.

It is needless to mention that if the petitioner submits his explanation, the same shall be considered in accordance with law. Further the Passport Officer shall also take note of the ratio decided in Ashok Kumar Sipani (supra) when deciding the matter.

( Sashikanta Mishra) Judge

Puspanjali

Signature Not Verified

Digitally Signed Signed by: PUSPANJALI GHADAI Reason: Authentication Location: High Court of Orissa, C utta ck. Date: 07-Feb-2025 19:30:15

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