Pending criminal cases with stays do not preclude issuance of passports.

ORDER:

The present writ petition has been filed under Article 226 of Constitution of India seeking the following relief:

“…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not issuing the passport to the petitioner in view of the pendency of CC.No.34 of 2020, on the file of Judicial First Class Magistrate, Palakole, West Godavari District, as illegal, arbitrary and consequently direct the respondents to issue passport to the petitioner and to pass such…”

2. The petitioner is the native of Palakole, West Godavari District. The petitioner’s son is working in TCS Software Company in the United States of America. The petitioner and his wife applied for passport. During police verification, it was noticed that the petitioner was arrayed as accused in crime No.270 of 2019 and the same was numbered as C.C.No.34 of 2024.

3. This Court, on 13.10.2025, in Crl.P.No.659 of 2020 filed by the petitioner, granted stay of all further proceedings in C.C.No.34 of 2024. The petitioner was shown at serial No.13 in the said criminal petition.

4. Learned counsel for the petitioner submits that though charge sheet was filed, the same was stayed by this Court and therefore, it can be presumed that the matter is still under FIR stage.

5. When a similar question has fallen for consideration in W.P.No.5311 of

2021, this Court at Para No.10 held as under:

“In the case at hand, no doubt a criminal case vide C.C.No.1990 of 2021, is pending. However, the learned Single Judge of Telangana High Court in Crl.P.No.5295 of 2022 , granted a stay of all further proceedings in C.C.No.1990 of 2021 in respect of the petitioners. The petitioners approaching the learned magistrate, given the stay in the criminal case, will not serve any purpose. Keeping the expressions of the Apex Court in the referred judgments, this Court deems it appropriate to direct the authorities to consider the applications made by the petitioners for issuance of passports. “

6. In view of the facts and circumstances of the case, since a stay was granted in I.A.No.1 of 2020 of Crl.P.No.659 of 2020 , this Court feels it appropriate to dispose of the writ petition by directing the respondents to process the application of the petitioner, within three (3) weeks from the date of receipt of a copy of this order, as per the provision of the Passports Act, 1967 .

7. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.