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SAMPLE – Application to Release of Passport

 

      IN THE COURT OF XXX

 

In the matter of:-

STATE – xxx

VERSUS

Case Number – xxx U/ S 498A / 406

 

APPLICATION ON BEHALF OF APPLICANT MR. XXX, REQUEST FOR RELEASE OF PASSPORT WITH IMMEDIATE EFFECT IN THE ABOVE NOTED PROCEEDINGS.

 

Most respectfully showeth :-

 

  1. That the above noted matter is pending investigation/ pending in session court, xxx and this Hon’ble Court has territorial jurisdiction about the same.

 

  1. That the complainant Ms. xxx has instituted above noted proceedings.

 

  1. That the complainant has instituted the present proceedings out of malice, ill will, personal vendetta, grudge and to teach a lesson to the applicant and entire proceedings is sheer misused and abused of process of law and the same has been instituted with ulterior and oblique motive.

 

  1. That this is to bring to your kind notice that on 27th July, 2017, Supreme Court provided guidelines for handling of matrimonial complaints especially related to IPC 498A and dowry harassment in its landmark judgment titled Rajesh Sharma & ors. vs. State of U.P. & Anr. [2017 AIOL 3631]

 

  1. That in the said judgment, acknowledging the misuse of IPC 498A and other dowry harassment related laws by disgruntled wives, SC opined that in matters involving Non Resident Indians, impounding of Passport and issuance of Look Out Circular should not be routine.

 

  1. That the passport no. xxx of the applicant was impounded by the trial court on 28/02/2018 on request of Smt. xxx who .

 

  1. That the right to life means under Article 21 of Indian Constitution and includes right to work i.e. right to earn livelihood through which the applicant satisfies the basic needs of himself and his dependants and right to life means and includes right to earn livelihood also for leading the life with dignity, honour, self respect and reputation.
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  1. That the applicant has been already acquitted by Lower court xxx against false charges made by his wife Smt. xxx under IPC 498A and 406.

 

  1. That the applicant cannot be denied his fundamental right to go abroad merely on the ground that a criminal proceedings is pending against the applicant and the above sited judgment has just enforced the same.
  2. That it is well established principle of law that the liberty of the citizen and the interest of the State should be balanced and in the present case, the interest of the state has already been protected and safeguarded by the applicant by giving the proper and though cooperation and coordination to the investigation agency. “No doubt, Section 104 of Criminal Procedure Code (CrPC) states that the court may, if it thinks fit, impound any document or thing produced before it but this provision will only enable the court to impound any document or thing other than a passport as impounding a passport is provided for in Section 10(3) of the Passports Act. In Suresh Nanda vs. CBI, (2008) 3 SCC 674; the Supreme Court held that the court could not impound a passport. The court further stated that:

“Impounding of a “passport” is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while CrPC is a general law. It is well settled that the special law prevails over the general law. Section 104 only enables the court to impound any document or thing other than a passport.”

Therefore, the court cannot impound passport under section 104 CrPC. In Preeti Gupta vs. the State of Jharkhand, (2010) 7 SCC 667; the Supreme Court opined that most of the complaints Section 498-A IPC is false. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent, but false cases are frustrating this object.

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According to Section 10(3) of the Passports Act, 1967 only the passport authority is empowered to impound the passport. The following cases are cited in favor of argument.

 

  1. Supreme Court Judgment in “SURESH NANDA v/s CBI, 24-Jan-2008” “In our opinion, even the Court cannot impound a passport. Though, no doubt, Section 104 Cr.P.C. states that the Court may, if it thinks fit, impound any document or thing produced before it, in our opinion, this provision will only enable the Court to impound any document or thing other than a passport. This is because impounding a passport is provided for in Section 10(3) of the Passports Act. The Passports Act is a special law while the Cr.P.C. is a general law. It is well settled that the special law prevails over the general law vide G.P. Singh’s Principles of Statutory Interpretation (9th Edition pg. 133). This principle is expressed in the maxim Generalia specialibus non derogant. Hence, impounding of a passport cannot be done by the Court under Section 104 Cr.P.C. though it can impound any other document or thing.”

 

  1. Chhattisgarh High Court Judgment in “PUSHPAL SWARNKAR v/s STATE of CHHATTISGARH, 03-Dec-2008” “According to Section 10(3) of the Passports Act, 1967 only the passport authority is empowered to impound the passport. In this case, the Additional Sessions Judge has imposed the condition to deposit the passport and visa for which he is not empowered. The Court below has committed illegality and exceeded the jurisdiction vested on it. Therefore, the order impugned requires to be modified.”
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  • Kolkata High Court Judgment in “AMITAVA BHOWMIK v/s UNION of INDIA & ORS, 11-Apr-2012” “Here, the petitioner is an accused in proceedings initiated on the basis of a complaint lodged by his wife. It is not the case of the passport authority that the petitioner is involved in any activity that exposes the country to security risk.” “The passport authority is directed to restore passport facilities in favor of the petitioner subject to such terms and conditions that it may be consider necessary to impose in the interest of the sovereignty of the country…”That the applicant has blind faith, respect and regard towards the proceedings of this Hon’ble Court and applicant shall not keep away himself from the process of law.

 

  1. That the applicant shall appear before this Hon’ble Court as and whenever this Hon’ble Court direct the applicant to do so.

 

  1. That the applicant shall not misuse and abuse the liberty of concession and privileges confirmed by this Hon’ble Court.

 

 

PRAYER

 

It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to permanently release the passport of this applicant:

 

  1. Allow the applicant by releasing his passport as imposed by this Hon’ble Court in the facts and circumstances of the present case;

 

  1. Pass any other order which this Hon’ble Court deem fit and proper under the above said facts and circumstances of the case.

 

{place}. – xxx

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