MUKESH AMRITLAL SARAIYA Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) By way of present petition, the petitioner herein has prayed to direct the respondent authorities to take appropriate decision in connection with the show-cause notice cum communication dtd. 13/1/2023, which is produced at Page-46- Annexure "E", issued by the respondent authorities and has further prayed that the decision be ordered to be taken by the respondent authorities considering the explanation and communication sent by the petitioner dtd. 10/2/2023, which is produced at Annexure "F".

(2.) By way of present petition, the petitioner is before this Court invoking the Article 226 of the Constitution of India, pursuant to a show-cause notice having been issued to the petitioner herein on 13/1/2023, which is duly produced at page-46, wherein the respondent authority has, by the said communication, asked the petitioner to explain in detail with regard to the criminal cases pending against the petitioner being Criminal case No. 1000492/2014, pending before the Chief Judicial Magistrate, Ahmedabad in connection with FIR being CR I-8 of 2012, which came to be registered before CID Crime, Gandhinagar. The said notice further stated that explanation be furnished by supplying certified copy of the Court's judgment or Court permission or surrender the passport. Further, it was stated that action would be initiated against the petitioner herein under Sec. 10(3)E of the Passports Act, 1967 and Sec. 12(1)(b) of the Passport Act, 1967.

(3.) Mr. Shivam Majmudar, the learned advocate appearing for the petitioner submitted that the petitioner herein rendered explanation with regard to the said Notice issued by the respondent authority, which is duly produced at Page-47, by reply dtd. 10/2/2023 wherein it was admitted that Criminal case No. 1000492/14 vide No.0008/2012 is dormant since 2014 and many proceedings were taken but till date there is no judgment passed in the said case and the same is registered in Chief Metropolitan Court, Ahmedabad.