HARDIKBHAI KESHUBHAI PATEL Vs. REGIONAL PASSPORT OFFICE

JUDGEMENT

(1.) Mr. Nishit Gandhi, learned Advocate appearing for the petitioner has submitted that the petitioner, came in touch with one Mr. Hemal Narendrabhai Patel who assured the petitioner about work permit Visa in Singapore, and for the said purpose the petitioner handed over his passport and some amount. However, subsequently Mr. Hemal Patel turned out to be fraudster. It is submitted that said Hemal Patel has cheated other aspirants also and that is how FIR being I C.R. No. 250 of 2011 was registered on 21/09/2011 with Sayajigunj Police Station, Vadodara City. It is submitted that the registration of the FIR culminated into filing of the charge-sheet wherein in column no. 4, the petitioner has been shown as witness. It is also submitted that after filing of the charge-sheet, the criminal case has been registered with the Court of Additional Civil Judge, Judicial Magistrate First Class, which is pending. It is submitted that since the passport of the petitioner was with by Mr. Hemal Narendrabhai Patel, the petitioner made an application for reissue/renewal of the passport. It is also submitted that the validity of the passport of the petitioner had expired on 18/02/2019.

(2.) It is further submitted that the Regional Passport Office, Ahmedabad has addressed a communication dtd. 28.10.2020 requiring the petitioner to furnish the FIR (lost Passport) with Passport No. and the status of the case registered against the agent regarding the passport. It is submitted that vide the communication dtd. 28/10/2020 so also 18/11/2020 the petitioner was required to produce certain documents however, since the petitioner failed to produce the same, the application was closed as per the applicable provisions. It is submitted that the petitioner, had also approached the authorities for registration of the FIR however the authorities are not registering the FIR on the ground that the FIR has already been registered against Mr. Hemal Patel. It is also submitted that on one hand the authorities are not registering the complaint and on the other the Regional Passport Office is insisting for the copy of the FIR registered by the petitioner against Mr. Hemal Narendrabhai Patel. It is also submitted that since the FIR was not registered, the petitioner made an application dtd. 05/01/2021 to the Police Commissioner, Vadodara City. Apropos which the statement of the petitioner was recorded on 30/01/2021. It is submitted that these documents are sufficient for the Regional Passport Officer to consider the application of the petitioner.

(3.) On the other hand, Mr. Kshitij Amin, learned Central Government Standing Counsel has submitted that the petitioner was asked to submit the documents; however, since the petitioner did not submit the documents, in absence of the required documents, the application has been closed. It is submitted that if the petitioner files a fresh application, indicating the passport no., the details of the FIR registered; the application dtd. 05/01/2021 so also statement recorded on 30/01/2021, the application of the petitioner will be considered in accordance with law.