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High Court of DelhiW.P.(C)/11143/2023

Seagull Maritime Agencies Private Limited v. Union Of India Through The Chief Passport Officer And ANR & ANR.

2024-05-14Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SEAGULL MARITIME AGENCIES PRIVATE LIMITED ..... Petitioner Through:

Mr. Adit S. Pujari, Mr. Zeeshan Thomas, Advocates.

versus UNION OF INDIA THROUGH THE CHIEF PASSPORT OFFICER AND ANR & ANR.

..... Respondents Through:

Mr. Anurag Ahluwalia, CGSC with Mr. Kaushal Jeet Kait, GP and Mr.

Abhay Singh, Advocates for R-1.

Mr. Satyakam, ASC with Mr. Pradyut Kashyap, Advocate.

Insp. Awadhesh Kumar Singh, EOW, New Delhi.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 14.05.2024 1.

The Petitioner has approached this Court with the following prayers: "a. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No.1 to frame clear guidelines for victims /complainants and jurisdictional police in criminal proceedings to approach the Passport Authority under the Passport Act, 1967 with respect to the status of passports of accused persons against whom criminal proceedings are pending in any court in India;

b. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No. 1 to create a transparent and accessible database to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disclose the status of requests and referrals made by investigating agencies / jurisdictional police for cancellation / revocation / suspension of passports of accused persons against under Section 10 and Section 10-A of the Passport Act, 1967; and c. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No. 1 to take up request bearing reference No.1560 issued by the EOW to the Regional Passport Office, Delhi dated 11.10.2022 expeditiously, and provide the status of such request;

d. Issue an appropriate writ, order or direction in the nature of Mandamus directing the Respondent No.1 to forthwith take action in aid of the request bearing reference No. 1560 issued by the EOW to the Regional Passport Office, Delhi dated 11.10.2022; and e. Pass such other Order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2.

The instant writ petition had been filed because no action was being taken against Mr. Siddharth Khera. On 04.04.2024, this Court was informed that the person because of whom the present writ petition was filed has renounced his citizenship and thereby, the writ petition has become infructuous. However, in view of the fact that the instant writ petition raises a substantial question of law inasmuch as there are no proper guidelines for victims/complainants to approach the Passport Authority under the Passport Act, 1967 where victims are duped by persons, liberty is granted to the Petitioner to file a Public Interest Litigation (PIL). 3.

Learned Counsel appearing for the Petitioner seeks permission to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

withdraw the instant writ petition.

4.

Permission, as sought for, is granted.

5.

The writ petition is disposed of as withdrawn with the aforesaid liberty. Pending applications, if any, also stand disposed of. SUBRAMONIUM PRASAD, J MAY 14, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.