JAYDEEP RAVINDRA PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) This Court on 3rd October, 2018, had directed counsel for the petitioner to serve a copy of the writ petition in the office of Mr. Vinod Kumar Gupta, Govt. Counsel appearing on behalf of the Passport Department and matter was posted for 4th October, 2018.

(2.) Counsel for the petitioner submitted that by impugned order dated 18th September, 2018, the respondents have decided to impound the passport of the petitioner issued on 17th July, 2018, invoking the power under section 10 (3) (e) of the Passports Act, 1967.

(3.) Counsel for the petitioner submitted that there is no criminal case pending against the petitioner and it is only on account of the order passed on 10th August, 2018, by Judicial Magistrate First Class, Vashi, in a complaint filed by estranged wife of the petitioner, the proceedings under section 125 of the Code of Criminal Procedure, 1973 were initiated in which she has claimed maintenance for herself and her son Ranveer. Counsel submitted that the Apex Court and various other High Courts have time and again laid down the law that proceedings under Section 125 Cr. P.C., 1973 are of civil nature and such proceedings cannot be termed as criminal proceedings.