Delhi High Court - Orders
Amit Joshie vs Union Of India & Ors on 30 May, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5087/2025
AMIT JOSHIE .....Petitioner
Through: Mr. Kshitiz Ahuja and Mr. Kapil
Choudhary, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Ms. Iram Majid, CGSC along with
Mr. Mohd. Suboor, Advocate.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 30.05.2025 CM APPL. 35895/2025 (for release of passport & permission to travel abroad during the pendency of the writ petition)
1. The present application has been filed by the applicant / petitioner seeking, inter alia, the release of his passport during the pendency of the writ petition.
2. It is submitted by the petitioner that due to an alleged matrimonial dispute between him and his wife, an FIR was registered against him under Section 498A of the Indian Penal Code, 1860, which subsequently led to the issuance of an LoC against him on 26.08.2021.
3. It is submitted that due to the petitioner's cooperation in the ongoing investigation, this LoC was later quashed by the High Court of Punjab and Haryana vide order dated 19.11.2024 in CWP No. 11285 of 2024.
4. It is further submitted that the Trial Court, Gurugram, where the case concerning the abovementioned FIR is pending, has allowed for the release This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:40:09 of the petitioner's passport vide order dated 08.06.2023 in CNR No. HRGR03-122782-2023.
5. It is highlighted that even after these orders, on 03.01.2025, the petitioner was stopped from boarding the flight to Oman, and his passport was seized on the ground that his passport stood allegedly impounded.
6. In this regard, it is averred by the petitioner in the present application that pursuant to the order dated 05.05.2025 passed by this Court in the writ petition W.P.(C) No. 5087/2025, the respondent no. 1 has filed a counter affidavit placing on record an impounding order dated 09.06.2024. However, the said counter affidavit is not on record. Let the same be brought on record.
7. It is the case of the petitioner that the impounding order dated 09.06.2024 was never communicated to him; moreover, the same also does not furnish any reason for impounding the petitioner's passport.
8. It is stated by the petitioner that prior to the abovementioned proceedings / investigations against him, he was working in Muscat, Oman since 2016 and has vast experience in the Omani laws and auditing practice which is prevalent in Oman.
9. It is emphasised by the petitioner that he has recently received an opportunity of reviving his stalled career vide email dated 21.05.2025 from an organising committee of accounting and auditing refresher course in Oman, whereby a final opportunity has been provided to him to take up / conduct sessions scheduled to be held in June-August of 2025 at Muscat, Oman.
10. As such, the petitioner through the present application seeks this Court's intervention in releasing his impounded passport and allowing his This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:40:09 travel to Muscat, Oman for conducting these training sessions.
11. Learned counsel for the respondents submits that he has instructions from the Embassy of India, Muscat, Oman to the effect that the respondents have no objection to the release of the passport to the petitioner subject to the orders in this regard being passed by this Court.
12. In the aforesaid circumstances, in view of the aforesaid concession of the learned counsel for the respondents, the present application is allowed to the extent of the release of the petitioner's passport.
SACHIN DATTA, J MAY 30, 2025/r This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:40:09