CHINTAPALLI VIJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed claiming the following relief:

(2.) Learned counsel for the petitioner submits that, the petitioner herein applied for renewal of the passport bearing No. L6735386 which was issued on 24/1/2014 by Respondent No.1 vide application File No.VS1075570083723, dtd. 13/7/2023. Even after the receipt of the petitioner's passport renewal application, respondent Nos.2 and 3 did not choose to renew the same. Having no other go, the petitioner approached the I Additional Chief Metropolitan Magistrate, Visakhapatnam and filed Crl.M.P.No.3993 of 2023 in C.C.No.1901 of 2023, under Ss. 6(2)(f) and 22 of the Passport Act, requesting to direct respondent-authority to renew/ issue the passport. After the hearing, on 6/12/2023, the court below passed an order directing the respondent-authorities to renew the petitioner's passport. On 2/1/2024, by complying with the orders of the court below, the respondent-authorities renewed the petitioner's passport for one year, which is valid up to 1/1/2025.

(3.) He further submits that the petitioner's brother's wife lodged a complaint against her husband along with others including the petitioner as well, under Sec. 498-A IPC and Ss. 3 and 4 of the Dowry Prohibition Act, registered vide Crime No.391 of 2022 on the file of Women Police Station, Visakhapatnam. Thereafter, the police filed a charge sheet vide C.C.No.1901 of 2023. Learned counsel further submits that, the petitioner being an AB (Able Body Seaman) by profession in Merchant Navy Ships in the Indian Navy, has to travel on the sea for months which may last for six months or one year approximately. Hence, the role of the petitioner for harassment of dowry does not arise. But, the police without conducting proper enquiry, registered F.I.R. along with the C.C. against the petitioner. While things stood thus, the petitioner's brother's wife filed a Domestic Violence Case against her husband i.e., the petitioner's brother and his family members vide DVC. No.137 of 2023, which is pending on the file of the III Metropolitan Magistrate Court, Visakhapatnam.