SRI SATISH CHAND GOEL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri. S. Mahesh, learned Counsel appearing for petitioner and Sri. S.R. Doddawad, learned Central Government Counsel appearing for respondents.

(2.) Petitioner was issued with a passport on 05.06.2008 which was due to expire on

(3.) Records on hand would disclose that on the basis of complaint lodged by one Sri T.R. Prasad Gowda, F.I.R. was registered against petitioner as well as three others in Crime No.509/2016 by Byatarayanapura Police Station for the offences punishable under Sections 406, 420, 506 read with Sec. 34 of IPC. The jurisdictional police after completing investigation, has filed B report. Thereafter, learned Magistrate has afforded an opportunity to the complainant to file objection to said B report and accordingly, complainant has filed his protest memo on 002018 and had also tendered his sworn statement in part. For recording further sworn statement, the matter came to be adjourned to 04.08.2018 by the jurisdictional Magistrate. It is the contention of Sri. S.Mahesh, learned Counsel appearing for petitioner that in the light of there being no proceedings pending against petitioner and investigating authority having already filed his B report, petitioner has no other remedy except approaching this Court seeking for a direction to respondent No.2 to issue a passport inasmuch as the criminal proceeding against the petitioner is not pending and till cognizance of offence is taken summons is issued to accused including petitioner. Hence, he prays for suitable directions being issued.