- (1.) EXTRAORDINARY jurisdiction of this Court has been invoked on behalf of the petitioner to quash the notice dated 22.7.2009 (Annexure -4), issued by the learned Special Judge (Vigilance), Ranchi in connection with Vigilance P.S. Case No. 9 of 2009, corresponding to Special Case No. 13 of 2009, whereby and whereunder, the petitioner has been directed to deposit his pass -port within a week of the receipt of the notice.
(2.) AS per the case of the petitioner, he is a Non -Resident Indian (N.R.I.) having a resident visa of United Arab Emirates and presently is working as Sales Manager in M/s Chemtech Engineering, Dubai, where his children are pursuing their studies. Further case is that while the petitioner was on leave, he received a notice, as contained in Memo No. 3054 dated 9.7.2009 (Annexure -2), issued by the respondent no. 2 -Investigating Officer -cum - Senior Deputy Superintendent of Police, Vigilance Bureau, Ranchi, of a case instituted under Sections 409, 420, 423, 424, 465 and 120B of the Indian Penal Code and also under Sections 7, 10, 11 and 13 of the Prevention of Corruption Act against the Ex -Chief Minister and other Ministers for misusing their official position and indulging themselves in corrupt practices and embezzlement of public fund, whereby the respondent no. 2 in exercise of power as conferred under Section 160 Cr.P. C. directed the petitioner to appear before him on 13.7.2009, as the petitioner was considered to be the person well aware of certain facts and circumstances of the said criminal case. Due to unavoidable reasons, the petitioner could not make himself available, before the respondent no. 2 on the date fixed but informed all about it and made request through his representative to fix another date so that he may make himself available for investigation. Accordingly, the petitioner was asked to appear on 15.7.2009 on which date, the petitioner appeared before the respondent no. 2 and cooperated fully with the investigation in the manner that whatever informations were sought by the respondent no. 2, it were given which were within the knowledge of the petitioner. However, the petitioner was again asked to appear on 18.7.2009 with certain documents, relating to his income and the bank account. Accordingly, the petitioner appeared on the date fixed and submitted the documents and then he was again asked to produce documents relating to his foreign travel, such as, pass -port, Visa etc. On 24.7.2009, the petitioner produced the photo copy of those documents, as desired by the Investigating Officer. On the same day in the evening, the Investigating Officer handed over a notice dated 22.7.2009, issued by the Special Judge (Vigilance), Ranchi, whereby the petitioner had been directed to deposit his pass -port within a week of the receipt of the notice and this gave cause of action to the petitioner to file an application before this Court challenging the said notice on the ground that the order directing the petitioner to deposit pass -port is without jurisdiction and is illegal.
(3.) MR . Indrajit Sinha, learned counsel appearing for the petitioner submits that the Special Judge (Vigilance), Ranchi, by directing the petitioner to deposit the pass -port, has virtually passed an order which does have effect of its impounding which the Special Judge (Vigilance), Ranchi does not have any power, rather that power only lies with the Pass -Port Authority in terms of Section 10(3) of the Pass -Port Act who even without following the procedure laid down in the Act and without giving opportunity to show -cause cannot pass order of impounding the pass -port.;