SANJEEV SHARMA Vs. REGIONAL PASSPORT OFFICER AND OTHERS

JUDGEMENT

(1.) The petitioner has been issued show cause notice to explain why he has concealed material facts while applying for passport. Further directions have been issued by the Regional Passport Officer, Chandigarh to the petitioner to surrender the passport. The passport application was submitted online. On receipt of show cause, the petitioner asked for a photocopy of his application form under the.

(2.) The facts in brief: the petitioner has a matrimonial dispute with his wife. He appears in person and submits that he lived and worked in Italy for his livelihood and that of his family and sadly had to return to India because an FIR No.252 dated 20.12.2010 was been registered against him for dowry offences by his wife under Sections 498-A, 323/406/506 & 34 Indian Penal Code at Police Station Ladwa, District Kurukshetra, Haryana. He submits that he has two minor children who he is looking after without any help from his spouse following the separation between the two.

(3.) The present controversy: The Passport Officer in the show cause says that the petitioner has not disclosed in his passport application form the pendency of the First Information Report against him which is pending trial with the final report/challan presented in the trial court. This Court by interim order dated 24.01.2013 called upon Mr. Karminder Singh, learned counsel appearing for the respondent - Regional Passport Office to produce the original record, including the application of the petitioner in which declarations have been made. Learned counsel was also asked to produce the record containing the police report on the file of this case. The formal written statement in response to this petition was not found sufficient to answer the prayer. All that the written statement said was that the petitioner had applied for grant of passport bearing file dated 21.06.2011 in lieu of old passport dated 17.10.2005 valid up to 16.10.2015 issued from the Indian embassy at Milan, Italy.