✦ Andhra Pradesh High Court

Ryali Jyothirmayi v. Ministry of External Affairs New Delhi

Writ Petition No. 4 of 2003R SUBHASH REDDY

Case at a glance

Outcome

Dismissed

The Writ Petition is dismissed

Provisions considered

Judgment

…..Respondents. THE HONOURABLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO. 4 OF 2003 ORDER: This Writ Petition is filed questioning inaction on the part of the sixth respondent in taking steps for impounding passport of the seventh respondent. It is stated in the affidavit filed in support of the Writ Petition, that the petitioner was married to seventh respondent, and, in view of certain differences and demands from the seventh respondent, a complaint was lodged for the alleged offence under Section 498-A IPC. It is the case of the petitioner, that though such criminal proceedings are initiated, no steps are being taken for impounding the passport of the seventh respondent, and inaction on the part of the sixth respondent is contrary to the provision under Section 10(3) of the Passports Act

Operative part

1967. As per Section 10(3) of the Passports Act, 1967,the passport authority may impound or cause to be impounded or revoke a passport or travel document, in the specified circumstances therein. From a reading of the said provision, it is for the respondent authorities to consider whether the passport holder has committed any irregularities as contemplated under Sub-sections (3) to (7) of Section 10 of the Passports Act, 1967, but, at the same time, this Court in exercise of powers under Article 226 of the Constitution of India cannot issue Writ of Mandamus to impound the passport or travel document of a citizen. In that view of the matter, I do not find any merit in this Writ Petition. The Writ Petition is dismissed. No order as to costs. ----------------------------------- JUSTICE R. SUBHASH REDDY DATED: 23-11-2005. Msnr.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The Writ Petition is dismissed

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860; Passports Act, 1967 — ss. 10, 10(3); Constitution of India — art. 226.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Andhra Pradesh High Court or eCourts case status (search case no. Writ Petition No. 4 of 2003). ← Search more judgments