IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 25290 of 2008 Between: Smt. G. Anusha, W/o. Sri G. Srinivas, Prensently R/o. Tenali, Guntur District ..... PETITIONER AND 1 Regional Passport Authority, Regional Passport Office, Hyderabad. 2 The Station House Officer, Tenali Town Police Station, Tenali, Guntur District. 3 G. Srinivas, S/o. G. Jagan Mohan Rao, Temporarily R/o. Plot No. 233, Jai Javan Colony, Near Radhika Theatre, ECIL, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the inaction of the 1st Respondent in initiating steps to impound Passport bearing NO. 8592307 of the 3rd Respondent Under Sec.10(3)(e) of the Passport Act, 1967 pursuant to the Letter addressed by the 2nd Respondent Dt. 30-10-2008 as illegal, arbitrary and contrary to Sec. 10(3)(e) of Passport Act, 1967. Counsel for the Petitioner : MR. K.SRINIVASA REDDY Counsel for the Respondents: MR. PENJURIVENUGOPAL The Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.25290 OF 2008 ORDER : The petitioner herein got married to the 3rd respondent on 9.5.2007. The writ petitioner filed a complaint under Section 498-A of the Indian Penal Code alleging that the 3rd respondent and his parents were harassing her. On the basis of the said complaint, Cr.No.114 of 2008 was registered on the file of the Station House Officer, Tenali I-Town P.S. and the 3rd respondent and other accused were arrested on 27.10.2008. However, they were enlarged on bail by the Court of the I-Addl. Judicial Magistrate of First Class, Tenali, by order dated 30.10.2008 on executing a bond for a sum of Rs.7,000/- with two sureties for a like-sum each. Apprehending that the petitioner may abscond from India, the 2nd respondent - Sub-Inspector of Police, Tenali I-Town P.S. addressed a letter dated 30.10.2008 to the 1st respondent - Passport Officer to seize the passport of the 3rd respondent. The 2nd respondent had also filed a memo before the Court of I-Addl. Judicial Magistrate of First Class, Tenali, to seize the passport of the 3rd respondent stating that if he is absconded, it would be difficult to secure his presence for the further investigation and trial. However, by order dated 12.11.2008 the request of the 2nd respondent was rejected by the Court. Thereafter, the present writ petition is filed seeking a declaration that the inaction on the part of the 1st respondent in initiating steps to impound the passport bearing No.A8592307 of the 3rd respondent under Section 10 (3) (e) of the Passports Act, 1967 as arbitrary and illegal. The father of the 3rd respondent, who was impleaded to the writ petition as respondent No.4, filed a counter-affidavit on behalf of the respondents 3 and 4 stating that during the pendency of this writ petition a charge-sheet was filed on 28.11.2008 in Cr.No.114 of 2008 and pursuant thereto C.C.No.407 of 2008 was numbered on the file of the Court of the I- Addl. Judicial First Class Magistrate, Tenali. Thereafter, at the instance of the 2nd respondent, by order dated 3.1.2009 the bail granted to the 3rd respondent was cancelled and non-bailable warrants were issued. Questioning the same, the 3rd respondent filed Criminal Petition No.1539 of 2009 before this Court under Section 482 of the Code of Criminal Procedure and the same was disposed of by this Court by order dated 20.04.2009 thereby setting aside the order dated 3.1.2009 and recalling the non-bailable warrants issued against the 3rd respondent. However, it was made clear that the 3rd respondent shall appear before the trial Court on the date fixed for his appearance without fail. The 1st respondent also filed a counter-affidavit stating that appropriate action will be taken in accordance with law. I have heard the learned counsel for both the parties and perused the counter-affidavit filed on behalf of the 1st respondent. Since the proceedings in C.C.No.407 of 2008 are pending on the file of the Court of the I-Addl. Judicial First Class Magistrate, Tenali, it is neither necessary nor proper for this Court to express any opinion on merits and the scope of this writ petition is only with regard to the steps required to be taken by the 1st respondent under the provisions of the Passports Act, 1967. Under Section 10 (3) of the Passports Act, 1967 (for short, ‘the Act’) the Passport Authority may impound or cause to be impounded a passport or a travel document on the grounds specified thereunder including that the warrant or summons for the appearance or a warrant for the arrest of the holder of the passport has been issued by the Court under any law for the time being in force. The pendency of proceedings in respect of an offence alleged to have been committed by the holder of passport before the criminal court in India is also one of the grounds mentioned under Section 10 (3) (e) of the Act. As noticed above, the fact that the 3rd respondent is an accused in C.C.No.407 of 2008 was already brought to the notice of the 1st respondent by the 2nd respondent vide his letter dated 30.10.2008. In the circumstances, the 1st respondent is bound to consider the same and has to pass appropriate orders exercising the statutory discretion under Section 10 (3) of the Act. Accordingly, the Writ Petition is disposed of with a direction to the 1st respondent to act upon the letter addressed by the 2nd respondent dated 30.10.2008 and to take necessary steps following due process of law as expeditiously as possible preferably within a period of eight weeks from the date of receipt of this order. No costs. ______________ G. ROHINI, J. Dt. 30.06.2009 gbs