Elena Bose v. Regional Passport Office Delhi And ANR

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11257/2025 ELENA BOSE .....Petitioner Through:

Ms. Priyanka Goswami, Ms. Anusuya Sadhu Sinha and Ms. Kinjal Agarwal, Advs.

versus REGIONAL PASSPORT OFFICE DELHI AND ANR .....Respondents Through:

Mr. Nishant Gautam, CGSC, Mr.

Hussain Taqvi, GP, Mr. Vardhman Kaushik, Mr. Shaurya Mani Pandey and Mr. Prithviraj Dey, Advs.

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA % 12.08.2025

O R D E R

CM APPL.46254/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 11257/2025 and CM APPL.46253/2025 (Stay) 3.

The present petition has been filed by the petitioner assailing an order dated 09.03.2022, whereby the passport of the petitioner was impounded. 4.

The case of the petitioner is that the impugned order is completely unreasoned in material particulars. Except for a cryptic reference to 'criminal case pending before the Court', no rationale is disclosed in the order for the impounding action sought to be taken. Neither the facts of the concerned criminal case have been taken into account, nor the orders passed by the Court seized of the matter (including orders whereby bail has been The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 14:02:06

granted to the petitioner), have been considered. 5.

It is undisputed that the impugned order whereby the passport of the petitioner has been impounded is appealable under Section 11 of the Passport Act, 1967.

6.

Be that as it may, the limited grievance canvased by learned counsel for the petitioner is that the respondents be directed to consider the present petition itself as a representation for the purpose of lifting of the impounding order passed against the petitioner.

7.

It is submitted that it is incumbent on the respondents to re-look at the impounding order in the light of the observations / dicta laid down by a Division Bench of the Allahabad High Court in the case of Mohammad Umar vs. Union of India & Ors. 2024 AHC 118592 DB. 8.

Considering the limited nature of relief sought, the respondents are directed to consider the present petition as a representation of the petitioner seeking lifting / suspension of the order dated 09.03.2022 whereby the passport of the petitioner was impounded.

9.

Let a reasoned order be passed by the concerned Regional Passport Officer, Delhi (respondent no.1) after affording an opportunity of hearing to the petitioner. Let the same be done within a period of six weeks from today. 10.

In case the petitioner is aggrieved with the outcome of the aforesaid exercise, it shall be at liberty to avail appropriate remedies under law, interalia, the prescribed appellate remedy. 11.

The petition, along with the pending application, is disposed of in above terms.

SACHIN DATTA, J AUGUST 12, 2025/cl The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/08/2025 at 14:02:06