Uttar Pradesh

uo, prayagraj, aIt is not necessary to confiscate the passport if a criminal case is pending | It is not necessary to confiscate the passport if a criminal case is pending: Allahabad High Court said – ‘Maybe the use of the word is not right, the court canceled the order – Prayagraj (Allahabad) News



The Allahabad High Court has said that it is not mandatory to confiscate the passport of a person against whom a criminal case is pending. The court said that the legislature has deliberately used the word “may” under the Passport Act. It means that in some circumstances, the passport may be confiscated.

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Job in Saudi Arabia, wife registered it Case
The petitioner was working in Saudi Arabia. His wife Fatima Zehra filed a case against him in the women’s police station, Ambedkar Nagar on various charges including dowry harassment. The regional passport officer issued an order to seize the passport on the basis of the pending criminal case. The petitioner challenged this order in the High Court.
It was argued that if criminal proceedings are pending against the passport holder, the passport officer can confiscate the passport. But this does not mean that the passport officer is required to confiscate the passport in every case. It is unfair to confiscate the petitioner’s passport, which cannot be sustained in the eyes of law.

The court said that a criminal case related to marital discord is pending against the petitioner. The High Court has stayed the proceedings of this case. Reconciliation proceedings between the parties are in process. The court said that the facts were not considered while deciding to confiscate the passport. Accepting the petition, the court quashed the passport confiscation order of 30 May 2023. Also directed to pass a new order within a period of six weeks.



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