NITIN GARG Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) The petitioner has challenged the order dated 04.02.2016 by which his passport has been revoked.

(2.) In brief, the petitioner was issued passport No.A-8845342 on 12.06.2000 by the Regional Passport Office (RPO), Chandigarh. He travelled to the United States of America (USA) on this passport in 2003. He got married to Neha Garg in October, 2006. He stayed with his wife Neha Garg in USA for about 4 years. The petitioner was re-issued passport No.J-1172253 dated 26.04.2010 in lieu of his earlier passport No.A-8845342. At the time of renewal, the petitioner did not disclose the name of his wife and, thus, it was not included in his passport No.J-1172253. The petitioner, along with his wife, came back to India in August, 2010 on passport No.J-1172253 but after a few weeks, he returned to USA and is there since then. Neha Garg, wife of the petitioner, lodged FIR No. 144/2012, under Sections 498-A, 406, 506 & 34 of the IPC at Police Station, Sirsa City against the petitioner, her parents-in-law, sister-in-law and two others. She also made a complaint to the RPO, Chandigarh to issue show-cause notice to the petitioner, as a result of which, show-cause notice dated 22.06.2012 was issued to the petitioner. The RPO, Chandigarh also received a letter dated 05.07.2012 from the National Commission for Women about the complaint of Neha Garg against the petitioner of deserting her in India and taking away her passport while going to USA and from the Punjab State Commission for Non-Resident Indians. Ultimately, the Passport Officer, vide his order dated 24.08.2012, decided to impound the passport No.J-1172253 of the petition on the ground of suppression of material information, in terms of Section 10(3)(b) of the Passports Act, 1967 (hereinafter referred to as the "Act") and directed him to submit his passport No.J-1172253 to the RPO, Chandigarh. However, based on the explanation submitted by the petitioner, the RPO revoked the order dated 24.08.2012 vide his authority No.USASP0550810/13 dated 18.11.2013.

(3.) In the meantime, in the proceedings initiated on the basis of the FIR lodged by Neha Garg, final report was submitted by the prosecution, in which only the petitioner was charge-sheeted. Thereafter, the Court has declared the petitioner a proclaimed offender vide order dated 18.09.2012.