JUBEDABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent Nos.1 and 2; and learned advocate Ms. D.P. Lakhani waives service on behalf of respondent No.3. With the consent of learned advocates on both the sides, the matter is taken up for final hearing today itself.

(2.) By way of this petition, the petitioner has prayed to quash and set aside the order dated 30.10.2018 passed below application Exhibit-08 in Criminal Case No.1690 of 2017 by the Court of learned C.J.M., Bharuch whereby, the said application was rejected; and to issue appropriate directions to the authority concerned for the release of her Indian Passport No. H-7400362, which has been seized in connection with the complaint being C.R. No. II 16 of 2010 registered with Bharuch Rural Police Station.

(3.) The facts in brief, as emerging from the record, are that on 14.12.2006 the son of the petitioner herein had married respondent No.3 as per their customs and rituals. After residing in India for about a month, the petitioner and the couple left for Zambia, as the petitioner and her family members were residents of Zambia since long. It appears that respondent No.3 and her husband got divorced in the year 2009 while in Zambia and thereafter, respondent No.3 returned to India. In 2010, the respondent No.3 filed the complaint being C.R. No. II 16 of 2010 with Bharuch Rural Police Station against her husband and his family members, including the petitioner, for the offences punishable under Sections 498A, 323 and 114 IPC and Sections 3 & 7 of the Dowry Prohibition Act. When the petitioner returned to India on 07.10.2016, she was detained at the Airport and her custody was handed over to the concerned Police Station, as her name had figured in the "Look Out" circular. In connection with the said offence, her Indian Passport was also seized. Later, the petitioner was released on regular bail. However, she was not handed over her Passport. The petitioner, therefore, preferred application Exhibit-8 seeking release of her Passport, which came to be rejected, by way of the impugned order. Hence, this petition.