RUTUL ATULKUMAR SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of this petition which is filed under Article 226 of the Constitution of India, the petitioner has prayed that the respondent authority be directed to issue/renew the passport of the petitioner for a period of five/ten years, pursuant to the application dated 5.2.2019.

(2.) Heard learned advocate Mr.Rawal for the petitioner and learned Central Government Standing Counsel Mr.Amin for the respondent authority.

(3.) Learned advocate for the petitioner submitted that the respondent authority issued the passport in favour of the petitioner bearing No.K6051058. The said passport was issued on 20.7.2012 which was valid upto 19.7.2022. It is submitted that in the year 2016, the petitioner became the victim of fraud perpetrated by one Mr.Raj Vasudev Gurnani and others who promised the petitioner a permanent job in Canada after training at Bangalore. It is submitted that the FIR is registered against the said person i.e. Mr.Raj Gurnani. In the said criminal proceedings, the petitioner is shown as one of the witnesses. However, when the passport of the petitioner was found with the said accused, the said passport was seized by the investigation agency. It is submitted that the petitioner, therefore, submitted an application before the concerned Magistrate under Section 451 of the Code of Criminal Procedure, 1973 ('the Code' for short) for return of the muddammal passport of the petitioner. It is contended that the concerned Magistrate, by an order dated 5.6.2017, returned the passport to the petitioner on certain terms and conditions. The petitioner has complied with the said conditions. It is submitted that thereafter the petitioner has submitted an application to the respondent authority for renewal of the passport and therefore the respondent authority has renewed the passport for a period of one year i.e. from 28.12.2017 to 27.12.2018. Thus, the respondent authority has renewed the passport for a period of one year though there are no criminal proceedings pending against the petitioner.