Ryali Jyothirmayi v. Ministry of External Affairs New Delhi
Case at a glance
Outcome
Dismissed
The Writ Petition is dismissed
Provisions considered
- Indian Penal Code, 1860
- Passports Act, 1967 ss. 10, 10(3)
- Constitution of India art. 226
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.