Heard Mr. Bhavsar, learned advocate for the petitioner.
1.1 Learned advocate for the petitioner has submitted that present petition is preferred mainly for the reason that the petitioner apprehends that if petitioner submits his passport in response to the impugned notice, then the authority may revoke the passport.
1.2 Differently put, present petition is preferred purely on the petitioner's perception and apprehension.
2. It appears from the record that certain complaints under Sections 498 and 506 have been filed against present petition. The said proceedings are pending. It appears that at the relevant time also, the proceedings were pending, however, the petitioner suppressed the material and relevant fact by not disclosing it in the application for passport and/or at the relevant time when it was supposed to be disclosed before the passport authority. The passport authorities came to know about the said factual aspects only when the office of passport authority received yadi from the Court about the pending proceedings. Therefore, the passport authority issued notice asking explanation from the petitioner as to why the relevant and material facts were not disclosed and were suppressed by the petitioner. The petitioner did not comply with the first intimation given by the respondent - passport authority vide communication dated 10.5.2012 and therefore, the respondent - passport authority was constrained to issue another intimation dated 4.6.2012.
3. Now, without complying with the directions and intimations contained in two intimations/notices, the petitioner has approached this Court on the apprehension that if he submits his passport to the authority, his passport may be revoked.
The petition based on apprehension cannot be entertained.
3.1 The proceedings before the respondent - passport authority cannot be pre-empted or allowed to be pre-empted on apprehension of the petitioner. At this stage, present petition cannot be entertained. Therefore, present petition is not entertained and stands rejected.
(K.M.Thaker, J.) kdc Top