THE HON’BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION No.8747 of 2024

ORDER:

This Writ Petition under Article 226 of the Constitution of India, is filed by the petitioner seeking 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 2^nd Respondent in not renewing Petitioner's Passport bearing No.Z2846452 pursuant to the application vide File Number HYDO76220782724 dated 02-02-2024 on the ground of pending Criminal Cases vide 1) Crime No.199/2021 PT at IV AddL.JFCM Hanmakonda, 2) Crime No.198/2021 PT Vide CC No.7753/2021 at IV Addl.JFCM Hanmakonda, 3) Crime No.215/2021 PT Vide CC No.647/23 at IV Addl.JFCM Hanmakonda, 4)Crime No.217/2021 PT, 5) Crime No.220/2021 PT, 6) Crime No.79/2021 PT Vide CC No.7081/22, 7) Crime No.315/2021 CC.No.466/2022 at Spl.JFCM Excise Court, Hyd., 8) Crime No.316/2021 CC.No.470/2022 at Spl.JFCM Excise Court, Hyd., 9) Crime No.329/2021 at Spl.JFCM Excise Court, Hyd., 10) Crime No.316/2021 Case is PT for app of Accused at Spl.JFCM Excise Court, Hyd., 11) Crime No.30/2013 The case was prosecution withdrawal U/sec.321 Cr.p.c on 09/10/2020 vide Spl SC No.84/2018 in Hon'ble Spl Sessions Court, Nampally., 12)Crime No.222/2021 For summons at Hon'ble JMFC Courts, Karimnagar, 13) Crime No.356/2021 PT Vide CC No.470/22 at 11 Addl.JFCM Huzurabad, 14) Crime No.252/2012 the Case was prosecution withdrawal on 04-10- 2017 by the Hon'ble JFCM Rlys KZJ court vide CC No.78/2017 vide G.O.R.T.No.558 Law., 15) Crime No.251/2012, the Case was prosecution withdrawal on 04-10-2017 by the Hon'ble JFCM Rlys KZJ court vide CC No.77/2017 vide G.O.R.T.No.558 Law., as illegal, arbitrary, unconstitutional in violation of principles of natural justice and contrary to the provisions of the Passports Act 1967 and consequently direct the 2nd respondent to renew petitioner's Passport bearing No.Z2846452 for 10 years pursuant to the application No.HYDO76220782724 dated 02-02-2024 without reference to the said criminal cases..”.

2. It is the case of petitioner that he is an Ex-MLA and he holds Indian Passport bearing No.Z2846452, which is valid upto 15.06.2024. It is further case of the petitioner that to renew his passport, he submitted an application No.HYD076220782724, dated 02.02.2024 before the respondent No.2 through online but the respondent No.2, instead of renewing the passport, issued a letter dated 07.02.2024 and refused to renew the passport on the ground that an adverse police verification report was received against the petitioner about his involvement in the following cases:

3. Considered the rival submissions of respective counsel and perused the record.

4. It is the contention of the learned counsel for the petitioner that the cases registered against the petitioner relate to election offences and mere pendency of criminal cases against the petitioner cannot be a ground to deny renewal of passport to the petitioner and the said action of the respondents is contrary to the procedure laid down under the Passports Act, 1967. It is the further contention of the learned counsel for the petitioner that in catena of judgments, the Hon’ble Apex Court as well as this Cour