NARESH KUMAR Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The matter is taken up for hearing through video conference due to COVID-19 situation.

(2.) The present petition is filed seeking directions to revoke the order dated 04th October, 2019, impounding the passport of the petitioner.

(3.) The facts as pleaded are that the petitioner was issued passport bearing number J3711040. He got married to one Neelam daughter of Mahavir Singh. The couple was blessed with a daughter on 08th August, 2015. The petitioner went to New Zealand and thereafter called his wife and daughter. They were given Residency Visa. The relations between husband and wife went in troubled waters. The wife made a police complaint against the petitioner in February, 2018. A separation agreement was entered between the parties on 11th July 2018. Thereafter a new separation agreement was prepared on 21st August, 2018. The wife of the petitioner came to India and got registered FIR No. 98, under Sections 323, 406, 498-A, 506 read with Section 34 IPC at Police Station Barwala, District Hisar on 11th March, 2019. The petitioner was served with a show cause notice on 27th August, 2019 by the Passport Authority to show cause about adverse police verification report and that summons/warrant have been issued to the petitioner. When no response was received passport was impounded vide order dated 04th October, 2019. The said order was received by the petitioner through e-mail. In FIR case, petitioner applied for an anticipatory bail and was granted interim relief on 30th June, 2020 by Additional Sessions Judge-cum-Judge, Special Court for Heinous Crime Against Women, Hisar.