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2023 Supreme(AP) 362

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, J.
Kadar Valli Shaik – Appellant
Versus
The Union of India, Ministry of External Affairs – Respondent
Writ Petition Nos. 1392 & 2896 of 2023 & 38869 of 2022
Decided on : 07-03-2023

Advocates:
Advocate Appeared:
For the Appellant : Sri P. Sree Ramulu Naidu
For the respondents: Sri G. Arun Showri, adv

Headnote:

Constitution of India, 1950 - Article 226 - Indian Penal Code, 1860 - Sections 498-A, 419, 420, 465, 467, 468, 471, 506, 509, 120B - Dowry Prohibition Act, 1961 - Sections 3 & 4 - Passport Act, 1967 - Refusing to renew passport - Punishment for cheating by personation - Cheating and dishonestly inducing delivery of property - Forgery of valuable security - Forgery for purpose of cheating - Punishment for criminal conspiracy -Held, authorities can seek NOC in case of renewal of passport which is implicit in Rule-5, with which view Court also in agreement that renewal of passport is also governed by provisions of Passport Act, including Sections 5, 6 and Rules, 1980, submission of learned counsels for petitioners to contrary based on view taken by other High Courts is not acceptable and is rejected - Dispose of.

JUDGMENT :

Heard Sri P. Sree Ramulu Naidu, Sri Ch. Madhava Rao on behalf of Sri K. V. Aditya Chowday and Sri Surepalli Madhava Rao, learned counsels for the petitioners, Sri G. Arun Showri and Ms. Alekhya Tadasina, learned Central Government Counsel and learned GP for Home for the respondents.

2. As the issue involved in all these writ petitions is common, on the request of the learned counsels for the parties, all these three writ petitions were heard together and are being decided by the common judgment, at this stage.

FACTS OF THE CASE:

3. W.P.No.1392 of 2023 has been filed under Article 226 of the Constitution of India by the petitioner for the following relief:

    “to issue a Writ Direction Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in refusing to renew not renewing the Petitioner‘s Passport No.L0037632 on the ground that FIR in Crime No.223/2018 u/s 498 A of IPC and 3 and 4 of Dowry Prohibition Act dated 02.06.2018 was registered on the file of S.H.O, TSundupal1i Police Station in CC No.03/2019 on the file of Honourable Principal Junior Civi1 Judge-cum-J.F.C.M, Rayachoty, YSR District, Andhra Pradesh against the petitioner as illegal, arbitrary, contrary to the provisions of Passport Act 1967, judgments of the Honourable Supreme Court and this Honourable High Court and consequently direct the respondents to renew the petitioner‘s Passport No.L0037632 forthwith and pass such order…”

4. The petitioner – Kadar Valli Shair was issued Passport No.L0037632 to work in private company at Kuwait and returned to India in 2011 and got married. Thereafter, he was issued the present passport No.L0037632, valid up to 21.04.2023. Since the validity of the passport is due to expire, he approached the concerned authorities at Kuwait for renewal of his passport vide application reference No.22-2001757970. He was informed through letter No.KUW/CONS/OBJ/607/2022, dated 09.06.2022 that he is an accused in FIR in Crime No.223/2018, dated 02.06.2018 for the offences punishable under Section 498-A IPC and under Sections 3 & 4 of Dowry Prohibition Act which was pending trial in the Court of Principal Junior Civil Judge, Rayachoti and hence he was not recommended for renewal of his passport.

5. The prayer in the writ petition is for direction to the respondents for renewal of the petitioner’s passport.

6. It is not disputed that the criminal case is pending against the petitioner in the Court of Principal Junior Civil Judge, Rayachoti.

7. Learned GP for Home for the 4th respondent on the basis of the instructions submitted that non-bailable warrants for appearance of the petitioner are issued but could not be executed.

8. W.P.No.2896 of 2023 has been filed under Article 226 of the Constitution of India by the petitioners for the following relief:

    “to issue a Writ Order or one in Direction more particularly the nature of Writ of Mandamus declaring the action of Respondents in insisting to get the NOC to renew the Petitioner passport bearing No.K9169975, through application No.22-204358108 in accordance with the provisions of Passport Act 1967 is arbitrary unjust illegal incorrect and violative fundamental rights guaranteed under Art 21 of the constitution of India and consequently direct the Respondents to renew the petitioner Passport K9169975 and pass such order…”

9. The petitioner – Nalluri Yugandhar, who is a Doctor and completed his MBBS from Pinamaneni Siddhartha Medical College at Vijayawada and left the Germany to complete his higher studies in MS and for that purpose he applied and was granted passport bearing No.K9169975 on 26.03.2013 which is valid from 26.03.2013 to 23.05.2023. A case in FIR No.72/2019 dated 05.04.2019 at Agiripally Police Station for the offences punishable under Sections 419, 420, 465, 467, 468, 471, 506, 509, 120B IPC was lodged against the petitioner and o

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