Pendency of criminal case against the holder of passport would not automatically result in impounding of the passport

Mohd Farid vs Union Of India And Another

Allahabad HC

20/12/2016

WRIT - C No. - 59959 of 2016

About/from the judgment:

GCC NRI whose passport was impounded by RPO, challenged that order at HC, Honorable HC Quashed & Set aside impounding order

 

Husband is KSA Resident, wife & his relative filed multiple false cases

 

When He applied for Passport Re-Issuance; he got an email PP Authority with an Adverse Police remarks in his PV report.

 

He was asked to explain why his PP shouldn't be impounded. During his detailed reply to PP Authority, NRI mentioned that "He had two options either suicide or separate so I have decided to separate her in a very ragged situation. So he divorced his wife"

 

But PP Authority went ahead and impounded passport which was challenged by him at Allahabad HC. Honorable HC observed that "Passport Authority will have to take objective consideration while proceeding to exercise his discretion whether pendency of such criminal case warrants impounding of passport or not keeping in view the conduct of the petitioner"

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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