1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:31.01.2011 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN WP(MD)No.3 of 2011 Manimalathi :Petitioner -Vs- 1.The Passport Officer, Regional Passport Office, IInd Floor, Shastri Bhawan, 26, Haddows Road, Nungambakkam, Chennai -6. 2.The Passport Officer, Deputy Passport Office, Race Course Road, Bharathi Ula Veethi, Goripalayam, Madurai-2. 3.P.Rajaprathabhan :Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to take urgent steps to impound the Passport of the third respondent (Passport No.Z1702367) within the stipulated period. For petitioner : Mr.G.Marimuthu For respondents 1 & 2: Mr.S.Sukumaran ORDER The petitioner seeks a writ of mandamus directing the first respondent to take urgent steps to impound the passport of the third respondent. 2.0.The petitioner is the wife of the third respondent. The marriage was solemnized on 22.10.2007 at Sivasubramania Sami Sannithi, in Mamsapuram, in the District of Virdhunagar. The third respondent is stated to have treated the petitioner in a very cruel manner and he threatened her to give a sum of Rs.5 lakhs as dowry. The petitioner appears to have made a complaint against the third respondent before the All Women Police Station, Rajapalayam and the said complaint was taken on file in Crime No.9 of 2008 under Section 498(A) IPC read with Section 3 & 4 of the Dowry Prohibition Act. The Police after investigation laid a charge sheet against the third respondent before the learned Judicial Magistrate No.II, Srivilliputhur and the case was taken on file in C.C.No.28 of 2009. Since the third respondent failed to appear before the Court, non-bailable warrant was issued against him by the learned Magistrate. 2.1.The petitioner has also filed a petition invoking the provisions of the Protection of Women from Domestic Violence Act, 2005 against the third respondent and the said proceeding is pending before the learned Judicial Magistrate No.II, Srivilliputhur in Crl.M.P.No.988 of 2009. In the meantime, she has also filed a petition for divorce and the same is pending before the Family Court No.II, Chennai in H.M.O.P.No.980 of 2009. 2.2.According to the petitioner, inspite of issuing notice by the Courts as well as non-bailable warrants, the third respondent has not appeared before the Court and as such seeks a direction to the passport authority to impound his passport. https://hcservices.ecourts.gov.in/hcservices/ 2 3.The second respondent has filed a counter wherein it was indicated that action for impounding the passport would be taken only in case a direction is issued by the Court. 4.The Passports Act contains provisions for impounding the passport Section 10 of the Passports Act, 1967 gives authority to the Passport Officer to impound the passport if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel documents are pending before a Criminal Court in India or 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. 5.The affidavit filed in support of the writ petition itself contains the information about the initiation of criminal proceedings by the petitioner in C.C.No.28 of 2009. The learned Judicial Magistrate No.II, Srivilliputhur was pleased to issue non-bailable warrant against the third respondent. There are also similar proceedings pending before the other Courts in India. Therefore, nothing prevented the petitioner from approaching the learned Judicial Magistrate No.II, Srivilliputhur with a prayer to give a direction to the Passport Officer to impound the passport The petitioner cannot be permitted to take parallel proceedings. Therefore, I am of the view that interest of justice would be sub-served in case liberty is given to the petitioner to approach the learned Judicial Magistrate for appropriate direction. 6.Accordingly, the petitioner is granted liberty to file an application before the learned Judicial Magistrate No.II, Srivilliputhur in C.C.No.28 of 2009 invoking the provisions of the Passports Act, 1967 and in the event of filing any such application, the learned Magistrate is directed to consider the same on merits and as per law, as expeditiously as possible. 7.The writ petition is disposed of with the above direction. No costs. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The Judicial Magistrate No.II, Srivilliputhur. 2.The Passport Officer, Regional Passport Office, IInd Floor, Shastri Bhawan, 26, Haddows Road, Nungambakkam, Chennai -6. 3.The Passport Officer, Deputy Passport Office, Race Course Road, Bharathi Ula Veethi, Goripalayam, Madurai-2. +1CC to M/s.G.Marimuthu, Advocate. SR.No.3731. +1CC to M/s.S.Sukumaran, Advocate. SR.No.3779. gcg Order in WP(MD)No.3 of 2011 RP/25.02.2011/2P/6C. 31.01.2011. https://hcservices.ecourts.gov.in/hcservices/