SUNEEL KUMAR S/O SH SHRI RAM SHARMA Vs. STATE OF HIMACHAL PRADESH THROUGH SECRETARY

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. read with Article 227 of the Constitution of India for quashing order dated 3.1.2012 passed by learned Judicial Magistrate 1st Class, Bilaspur in Case No. 323/3 of 2010 rejecting the prayer of the petitioner to release his passport. The prayer has been made for a direction for returning of passport No.F-2187357 to the petitioner.

(2.) THE facts in brief are that the petitioner is an accused in FIR No. 226 of 2010 dated 27.8.2010 under Sections 498-A, 504, 506, 34 IPC registered at Police Station Sadar, Bilaspur. The case has been registered at the instance of Pooja Devi wife of the petitioner. On completion of investigation, the challan has been submitted and the case is pending before learned Judicial Magistrate 1st Class, Bilaspur. It has been stated that while conducting investigation in the above case, the police took into possession passport bearing No. F-2187357 of the petitioner on the plea that the petitioner may leave the country during the pendency of the investigation of the case or the ensuing trial.

(3.) IT has been stated that the police had no authority to impound the passport of the petitioner. The passport of the petitioner can in no way be termed as case property. It has been stated that even the Court has no power to retain or impound the passport of any person, which can only be done by the Passport Authority under the Passport Act, 1967 (for short 'Act').