M. RAJAN S/O LATE H.B. MARIAN Vs. THE PASSPORT OFFICER. MINISTRY OF EXTENAL (SIC) AFFAIRS, THE PASSPORT OFFICE, 80 FEET ROAD, 8TH BLOCK, KORAMANAGALA, BANGALORE-560034 AND SRI C.G. KPISHNADAS NAIR, S/O LATE E.D. KRISHNA NAMPURIPAD

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking a writ of mandamus or any other appropriate direction to the Passport Officer - 1st respondent herein to consider the representation submitted by him for initiating proceedings under Section 10(3) (e) of the Passport Act, 1967 for impounding the passport of the 2nd respondent.

(2.) FACTS , stated in brief, relevant for the purpose of disposal of this case are that the petitioner claims to have filed a private complaint against the 2nd respondent and his daughter in P.C.R. No. 31/2008 for the offences under Sections 406, 420, 323, 324, 341, 504, 506 (II) read with Section 34 IPC and under Section 3 (1) (X) of Scheduled Castes (Prevention of Atrocities) Act on 07.04.2008. Learned IV Additional Chief Metropolitan Magistrate referred the ease to the Indiranagar Police for investigation under Section 156 (3) Cr.P.C. The Indiranagar Police, after registering a ease, investigated the matter and submitted a 'B' report.

(3.) I have heard the Learned Counsel for the petitioner Sri Balakrishna Shastry who has placed reliance on the provisions contained under Section 10(3)(e) of the Passport Act, 1967 to contend that the Passport Officer is enjoined with a duty to examine the representation submitted by the petitioner and pass appropriate orders regarding impounding the passport issued in favour of the 2nd respondent. He further submits that if the respondent leaves the Country, the petitioner will not be in a position to secure his presence in the criminal proceedings initialed or for that matter in the civil suit filed in O.S. No. 7245/2010.