IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA WRIT PETITION NO.37521/2017 (GM-RES) BETWEEN:
Mr. MOHAMMED ARIF AGED 44 YEARS S/O K.H. UMMARABBA PERMANENT ADDRESS:
R/AT VIVEKANANDA ROAD KOPPA, KOPPA TALUK, CHIKKAMAGALURU DISTRICT, KARNATAKA STATE – 577 126 PRESENTLY R/AT ADDAGADDE POST SHRINGERI TALUK CHIKKAMAGALUR.
... PETITIONER (BY SRI P.P. HEGDE, ADV.,) AND:
1. THE STATE OF KARNATAKA REP. BY THE DIRECTOR GENERAL OF POLICE BENGALURU – 560 001.
2. INSPECTOR OF POLICE KOPPA POLICE STATION KOPPA, KOPPA TALUK CHIKKAMAGALURU DISTRICT – 577 126.
3. THE SUPERINTENDENT OF POLICE CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU – 577 101.
4. REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE 8TH BLOCK, 80 FEET ROAD KORAMANGALA, BENGALURU – 560 095 …RESPONDENTS (BY SRI S. RACHAIAH, HCGP FOR R-1 TO R-3, SRI KRISHNA S.DIXIT, ASG FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CR.P.C., PRAYING TO DIRECT RESPONDENT NO.2 TO RELEASE THE PASSPORT OF THE PETITIONER BEARING NO.H8206423 SEIZED IN CONNECTION WITH THE CRIME NO.21/2014 OF KOPPA POLICE STATION (NOW REGISTERED AS C.C.NO.156/2017) PENDING ON THE FILE OF CIVIL JUDGE & JMFC, KOPPA FORTHWITH TO THE PETITIONER AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned Counsel for the petitioner, learned Additional Government Advocate appearing for respondent No.1 to 3 and Sri.Krishna S.Dixit, learned Additional Solicitor General appearing for respondent No.4.
2. This petition is filed seeking for a direction to respondent No.2 - Koppa police to release passport bearing No.H8206423 of the petitioner seized in connection with Crime No.21/2014 of Koppa Police Station, which is later culminated in C.C.No.156/2017 after filing of the charge sheet before the Additional Civil Judge (Jr.Dn.) JMFC, Koppa. It is further sought for a writ of mandamus directing respondent No.3 to revoke and withdraw the L.O.C. (Look Out Circular) issued against the petitioner forthwith as he has already been surrendered before the Court and enlarged on bail by the Court on condition and also sought for modification of condition No.(3) in the order dated 6.4.2017 passed by the Civil Judge, JMFC, Koppa.
3. There is no dispute that the police have seized the passport of the petitioner as noted above. The police have no jurisdiction or right to impound the passport in any manner. However, the impounding authority is the passport authority under Section 10 of the Passports Act, 1967.
4. The contention of respondent No.4 is that, the said passport if at all seized by the police, the same requires to be deposited before the jurisdictional Court and the petitioner may approach the jurisdictional Court for release of the said passport, if need be. In that eventuality, the Court should hear both the parties and pass appropriate orders.
5. Insofar as withdrawal of Look Out Circular is concerned, in fact once the accused appeared before the Court and enlarged on bail, any Look Out Circular issued must had served the purpose. However, the same requires to be withdrawn by the police for the time being.
6. In the above said circumstances, I do not find any strong reason to reject the prayers sought for by the petitioner. Hence, I proceed to pass the following:
ORDER (i) Writ petition is partly allowed.
(ii) Respondent No.2 – Koppa police is hereby directed to submit the said passport bearing No.H8206423 of the petitioner seized in connection with Crime No.21/2014 to the Court of Civil Judge and JMFC, Koppa. The petitioner is at liberty to make necessary application for release of the passport and the Court has to give an opportunity to both the parties in the proceedings and shall pass appropriate orders in this regard.
(iii) Respondent No.3 is also hereby directed to revoke or withdraw Look Out Circular issued against the petitioner forthwith for the time being.
(iv) The petitioner is also at liberty to move the competent Court even for relaxation of condition No.(3) as per the order dated 6.4.2017. If such an application is filed, the learned Judge is directed to consider the said application as expeditiously as possible.
Sd/- JUDGE SA