Sucharitha Boyavs vs Union Of India And 3 Others

This writ petition is filed to declare the action of the respondents No.2 to 4 in not returning the passport bearing No.K6894395 of the petitioner as illegal, arbitrary and in violation of Articles 14, 19, and 21 of the Constitution of India.

Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home.

It is submitted by the petitioner that the action of the respondents No.2 to 4 is in violation of the fundamental rights of the petitioner under Articles 14, 19 and 21 of the Constitution of India. The petitioner is a resident of Abudhabi, UAE. Her brother Boya Sai Charan was married to one Boya Sushma on 24.05.2019 at Hyderabad. Due to disputes between them, a complaint was lodged by Boya Sushma, which was registered Cr.No.91 of 2021 under Section 498-A, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The petitioner herein is A4 in the said crime. The passport of the petitioner is valid upon 18.10.2022. She came to India for renewal of passport and when she landed at Rajiv Gandhi International Airport on 15.10.2021 from Abudhabi, she was handed over by the Immigration Authorities to the Deputy Commissioner of Police, Malkajgiri Zone/respondent No.3, along with her passport on the ground that she is arrayed as an accused in the aforesaid crime.

It is further submitted that a notice under Section 41-A Cr.P.C. was issued to the petitioner on 15.10.2021. She submitted her reply on 17.10.2021 clarifying that she is not having good relations with her parents and relatives since she performed inter-religious marriage and she had been living with her husband in Abudhabi and the allegations in the FIR are false. The petitioner came to know that her passport was sent to the Regional Passport Officer/respondent No.2 vide proceedings dated 21.10.2021 and her passport was not returned. She made a requisition to the respondent No.2 with a request to return the passport. She submitted that seizure of the passport is contrary to the law laid down by the Supreme Court and also in violation of the provisions of the Passports Act, 1967.

Learned Assistant Government Pleader for Home, on written instructions, submitted that a Look Out Circular was issued against A1 and A4 (petitioner herein). As the name of the petitioner was found in the LOC, the Immigration Officers detained the petitioner, seized her passport and handed over her to the Station House Officer, Kushaiguda Police Station. It is further stated that the seized passport was deposited before the passport authority. Proceedings No.1843/OW/DCP-M/RKD/2021 dated 21.10.2021 is placed on record, in proof of the fact that the passport was handed over the respondent No.2. It is further stated that a request was made by the Deputy Commissioner of Police, Malkajgir9i Zone, to the respondent No.2 to impound the passport of the petitioner. Learned Assistant Government Pleader states that the petitioner may be directed to approach the concerned Court for return of Passport and permission to travel to Abudhabi.

Learned counsel for the petitioner submitted that the petitioner has to report back to Abudhabi as her travel ticket back to Abudhabi is on 22.11.2021.

Since consistently this Court has been directing the concerned Magistrate Court to pass orders for release or renewal of passport, permit the accused to go out of India, this Court is not inclined to pass any orders in this writ petition. However, in view of the urgency expressed by the petitioner, liberty is given to the petitioner to file an application before the XIX Additional Metropolitan Magistrate, Cyberabad at Malkajgiri, for return of her passport by pleading before the Court that she has to return back for her job to Abudhabi on or before 22.11.2021. On such application, being filed by the petitioner, the Court below shall dispose of the application on the same day by taking into consideration the fact that the petitioner is a permanent resident of Abudhabi and she has to return back to Abudhabi on or before 22.11.2021. The Court below may impose reasonable conditions to ensure that the petitioner cooperates with the investigation and further proceedings, if any, continued against the petitioner.

The writ petition is disposed of accordingly. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.