(1.) THIS Criminal Petition is filed by the petitioner A-1 under Section 482 Cr. P. C. to quash the order dated 12-03-2007 in D. D. R. No. 2527 of 2007 in Cr. No. 197 of 2007 of iii town Police Station, Visakhapatnam.
(2.) POLICE registered a case against the petitioner in Cr. No. 197 of 2007 for the offence punishable under Sections 498-A IPC and 3 and 4 of Dowry Prohibition Act, 1961. During the course of investigation, the Station House officer filed a memo before the I Additional chief Metropolitan Magistrate, Visakhapatnam to address a letter to the passport officer to revoke the passport of the petitioner under sections 10, 10-A, e and h of the Passports act, 1967. Basing on the said memo, the impugned order was passed directing the off ice to addressa letter to the Passport office, hyderabad to revoke the passport of the petitioner under Sections 10,10-A, e and h of the passports Act, 1967 and accordingly, the memo was allowed. Challenging the same, the present petition is filed.
(3.) LEARNED counsel for the petitioner contended that police have not filed the charge sheet and therefore, the learned Magistrate has no jurisdiction to direct the passport office to revoke the passport of the petitioner, that he has not given any reason for directing the passport officer, that there is no allegation that the petitioner evading arrest, that the offence under Section 498-A IPC cannot be treated as an extrication offence, thattill date no summons were served on him to appear before the Court or police and therefore, he prays to set aside the same.