Gujarat High Court
Jayshriben Ghanshyambhai Patel vs Union Of India & on 22 March, 2013
Author: R.M.Chhaya
Bench: R.M.Chhaya
JAYSHRIBEN GHANSHYAMBHAI PATEL....Applicant(s)V/SUNION OF INDIA R/SCR.A/472/2013 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CRIMINAL APPLICATION NO. 472 of 2013 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE R.M.CHHAYA ================================================================ 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================================ JAYSHRIBEN GHANSHYAMBHAI PATEL....Applicant(s) Versus UNION OF INDIA & 2....Respondent(s) ================================================================ Appearance: MR TEJAS M BAROT, ADVOCATE for the Applicant(s) No. 1 MR PS CHAMPANERI, ADVOCATE for the Respondent(s) No. 1 MR SHAKEEL A QURESHI, ADVOCATE for the Respondent(s) No. 1 - 2 MS.MOXA THAKKAR, ASSISTANT PUBLIC PROSECUTOR for the Respondent(s) No. 3 RULE SERVED BY DS for the Respondent(s) No. 3 ================================================================ CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 22/03/2013 ORAL JUDGMENT
1. Heard Mr.Tejas Barot, learned counsel appearing for the applicant and Mr.Shakeel Qureshi, learned Central Government Counsel for the Respondent No.2 and Ms.Moxa Thakkar, learned Assistant Public Prosecutor for Respondent-State.
2. In this application, under Section 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for the following reliefs:
10(A) Your Lordships may be pleased to issue an appropriate writ, order or direction, directing Regional Passport Officer-respondent no.2 herein to issue Passport Police Clearance Certificate to the petitioner, as requested by the petitioner;
(B) Pending admission herein and final disposal of present petition, Your Lordships may be pleased to direct Regional Passport Officer-respondent no.2 herein, to issue Passport Police Clearance Certificate to the petitioner, as requested by the petitioner;
(C) For such other and further reliefs as may be deemed fit and proper.
It appears from the record that the present applicant is an original accused No.4 in the First Information Report being C.R. No.I-40/2012 registered with Anand Mahila Police Station, for the alleged offences under Sections 498(A) and 323 and the said case is registered as Criminal Case No.1055/2012 and is pending for its further trial before the Court of learned Additional Judicial Magistrate First Class, Petlad. It further appears from the record of the application that the present applicant is having Indian Passport bearing No.H 9280655, which is valid till 3.1.2020. It further appears from the record of the application that the applicant has applied for immigration Visa under case No.BMB2011692033 with the Government of United States of America.
4. From the record, it further reveals that the applicant alongwith her husband, Ghanshyambhai Patel, have filed an application before the learned Judicial Magistrate First Class at Petlad and prayed for modification of the condition and a specific prayer made to return the passport and to leave the limits of the India between 1.11.2012 to 31.10.2013 i.e. for a period of one year. Mr.Tejas Barot, learned advocate appearing for the applicant has placed on record a copy of the order dated 8.11.2012 passed in Criminal Case No.1055/2012, wherein the learned Additional J.M.F.C., Petlad, accorded permission by imposing certain conditions that the applicant shall submit his resident address, phone, mobile number with the trial Court as well as to leave the India till 31.10.2013 and applicant shall deposit the passport with the trial Court within three days from the date of return/entry in India. The said order dated 8.11.2012 further stipulates that the applicant shall deposit an amount of Rs.4 lakhs.
5. It is stated on oath before this Court to the effect that as per the order dated 8.11.2012 passed by the learned Additional Judicial Magistrate First Class, the applicant has deposited an amount of Rs.2 lakhs on 19.11.2012 and as per the statement of Mr.Tejas Barot, learned advocate appearing for the applicant, the passport is in possession of the applicant.
6. In the background of these facts, the applicant has applied for Police Verification Certificate with the Competent Police Authority. It is submitted by Mr.Barot learned advocate appearing for the applicant that Police Authority has granted such Police Verification Certificate. The record further reveals that U.S. Consulate General, Immigrant Visa Unit, Mumbai, through his Chief Immigrant Visa Branch, has asked the applicant to submit updated Police Clearance Certificate from the passport authority, the present application is filed for the same.
7. In response to the notice of Rule issued by this Court, Mr.Shakeel Qureshi, learned Central Government Counsel on behalf of Respondent Nos.1 and 2, has tendered a copy of letter dated 21.3.2013 addressed by the Passport Granting Officer, Regional Passport Office, Ahmedabad and the concerned Passport Authority has shown its willingness to issue Police Clearance Certificate on the basis of Police Verification Certificate by the District Police Authorities.
8. In view of the communication dated 21.3.2013, it therefore appears that Police Verification Certificate is to be issued by the District Police Authorities of Anand. The said communication dated 21.3.2013 further reveals that if the applicant submits Police Verification Certificate issued by the District Superintendent of Police, Anand or other competent authority of the Police authorized to issue such certificate, the same shall be considered by the Respondent No.2 and the application of the applicant for issuance of Police Clearance Certificate when filed by the applicant shall be dealt as expeditiously as possible, preferable within seven days from the date of submission of Police Verification Certificate by the applicant.
9. Accordingly, this application is allowed only to the aforesaid extent. Rule is made absolute to the aforesaid extent with no order as to costs. Direct Service is permitted.
(R.M.CHHAYA, J.) chandresh Page 4 of 4