SHEKHAR SHARMA Vs. STATE OF RAJASTHAN & ANR.

JUDGEMENT

(1.) By this common order, two criminal miscellaneous petitions (mentioned above), although filed against two separate orders, of even date i.e. 4.10.2010 whereby the petitioners application seeking Supurdgi of his passport and the other seeking permission to leave country for Australia, have been dismissed.

(2.) The grievance of the petitioner is that he has been living and working in Australia and is also studying retail management and that his passport had been seized after he surrendered himself at immigration at Indira Gandhi International Airport, New Delhi on 16.8.2010 and was arrested by P.S. Mahila Thana South, Jaipur in Cr. Case No. 185/2010 lodged by his wife for offence u/s 498-A, 406, 377, 323 and 120-B, Penal Code and section 4 of Dowry Prohibition Act.

(3.) According to him, the learned trial court, by rejecting his application seeking Supurdgi of his passport, has ignored the settled principles of law as held by Apex Court from time to time in this regard. According to him, passport of a person can only be impounded under the Passport Act by a competent authority and that pendency of a criminal case, cannot be a ground for refusal to return the passport.