LEBURU ASHOK Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by the petitioners challenging the proceedings of the 3rd respondent - Regional Passport Officer, Hyderabad, in impounding the passports of the petitioners vide order dtd. 6/3/2020, as illegal, arbitrary and contrary to the provisions of Sec. 10 of the Passports Act, 1967 (for short 'the Act ') and consequently to set aside the same.

(2.) Heard the learned counsel for the petitioners and the learned Assistant Solicitor General of India for respondents 1 to 3.

(3.) The learned counsel for the petitioners submitted that the petitioners were allegedly involved in a case for the offence punishable under Sec. 138 of the Negotiable Instruments Act vide CC Nos.244 of 2013 and 245 of 2013 pending before the Special Magistrate Court-II, Visakhapatnam wherein their sister Smt. Leburu Latha instituted a complaint against the petitioners and arrayed them as Accused Nos.1 and 3. The petitioners were contesting the matter by engaging an Advocate. While the matter stood thus, the 3rd respondent issued a show cause notice to the petitioners on 5/9/2019 and directed them to furnish explanation regarding the pendency of criminal cases against them and to surrender the passports within 15 days from the date of receipt of the notice. Accordingly, the petitioners submitted their explanations on 18/9/2019 through an Advocate admitting that they were involved in CC Nos.244 and 245 of 2013 for the offence under Sec. 138 of the NI Act, but it was a summons case and was not a police case and no charge sheet was filed against them. The offence was compoundable and could be settled at any moment. They also admitted that they had taken an amount of Rs.15,00,000.00 as hand-loan from the complainant and that they were ready to repay the said amount, but the complainant misrepresented before the court and obtained Non Bailable Warrants against them. The petitioners went to Qatar for livelihood and there was no ill-intention to abscond and escape from the liability.