T. R. Kunjam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Appeal No. 422 of 2019 {Arising out of order dated 19.07.2019 passed by the learned Single Judge in Writ Petition (Cr.) No. 501 of 2019} • T.R. Kunjam, S/o Late A.G. Shankar Kunjam, aged about 49 years, posted as Executive Engineer, Public Works Department, Bilaspur, R/o E/4, Nutan Colony, Sarkanda, Bilaspur.

---- Appellant

Versus

• State of Chhattisgarh, Though - Station In-charge, Anti Corruption Bureau, Raipur (C.G.) ---- Respondents For Appellant :

Shri Sourabh Dangi, Advocate.

For Respondent :

Shri Sudeep Agrawal, Deputy Advocate General. Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Judgment on Board Per P. R. Ramachandra Menon, Chief Justice 15.11.2019 1.

The Petitioner has moved this Court with the following prayers: "i. That, this Hon'ble Court may kindly be pleased to direct the respondent Anti Corruption Bureau, Raipur to return passports of the petitioners seized on 16.01.2016 in Crime No. 05/2016 bearing Passport No.N-2268123, N-2268124, N-2268125 immediately. ii. Any other relief, which this Hon'ble Court deems, fit in the facts and circumstances may also be granted in favour of the petitioner."

2.

The main grievance appears to be that pursuant to the steps taken by the Respondent herein, the Passport bearing No. N-2268123 of the Appellant has been seized by the Police and it is simply kept in their drawer, which is contrary to the statutory provisions and the law declared by the Apex Court on the point.

The request made by the writ Petitioner to return the passport has fell only in deaf ears and hence the writ petition with the prayers as mentioned above, which however did not turn to be fruitful.

3.

When the matter came up for consideration before this Court earlier, time was sought for by the learned Deputy Advocate General to get instructions. It was submitted on 05.11.2019 that, steps were being taken to cause the passport of the Appellant to be produced before the authorities under the Passport Act, 1967 in connection with further steps for causing it to be impounded. 4.

Today, when the matter is taken up for consideration, the learned Deputy Advocate General submits that the passport of the Appellant has already been surrendered before the Passport Officer, Raipur on 14.11.2019 i.e. yesterday alongwith the covering letter bearing No. dzekad&iqv@,lhch@,e-Vh@ih9146@2019 dated 13.11.2019; the receipt of which has been acknowledged by the Competent Authority. A copy of the relevant proceedings is produced before this Court and a copy is handed over to the learned counsel for the Appellant. 5.

In the said circumstances, nothing survives to be considered in this writ appeal. It is open for the Appellant to move the competent authority for rederresal of his grievance in accordance with law.

6.

The writ appeal stands disposed off.

Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Brijmohan