HON’BLE SMT JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.30969 of 2023

ORDER

Heard learned counsel for the petitioner and learned counsel representing learned Deputy Solicitor General of India appearing for respondent Nos.1 to 3.

2. The prayer as sought for by the petitioner in the present w rit petition reads as under:

“to issue an appropriate writ order or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the Respondent No.2 and 3 in not renewing the Passport bearing No.J2835356 pursuant to the application made by the petitioner vide File number HYB073127097720 on the ground that Criminal Case vide CC.No.765 of 2022 (Crime No.436 of 2020) Pending on the file of Principal Junior Civil Judge cum Judicial Magistrate of First Class Siddipet is arbitrary and in violation of principles of natural justice and also in violation of procedure laid down under The Passports Act 1967 and consequently direct the Respondent No.2 and 3 to renew the Passport bearing No.J2835356 by considering the application of the Petitioner vide File number HYB073127097720 by without referring to the Letter Ref No.SCN/310593291/21 dated 05.01.2021 in the interest of justice.”

PERUSED THE RECORD

3. A perusal of the record would reveal that the petitioner herein is an accused in Crime No.436 of 2020, for the offences punishable under Sections 188, 171-B r/w 171-E of IPC and 123(1) RPA and after completion of investigation, the Investigating Officer had filed charge sheet. The same was taken on file vide C.C.No.3393 of 2021 before the learned Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-II Additional Junior Civil Judge, Sangareddy District and later due to the reorganization of Districts, the said case is transferred to Siddipet District and the same is renumbered as CC.No.765 of 2022 pending on the file of learned Principal Junior Civil Judge cum Judicial Magistrate of First Class, Siddipet.

4. The specific case of the petitioner is that petitioner had obtained passport from the respondents vide passport No.J2835356 and the same is obtained for a period of 10 years i.e., from 19.01.2011 to 18.01.2021. Since the passport is about to expire, the petitioner herein had submitted an application for renewal of passport bearing No.J2835356 vide application No.HYB073127097720 dated 30.11.2020.

However, the office of 2^nd respondent refused to renew the petitioner’s passport bearing No.J2835356 and had issued a letter dated 05.01.2021 seeking clarifications from the petitioner with regard to the above mentioned crime.

5. Learned counsel appearing for the petitioner would submit that the petitioner herein was falsely implicated in the aforesaid crime. Further, that the petitioner is also ready to co-operate with the trial. Therefore, the petitioner sought to issue necessary directions to the respondents for consideration of his application for renewal of his passport.

6. Respondent No.2 cannot deny renewal of Passport on the ground that aforesaid Criminal Case is pending against her. It is also relevant to note that the Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of I nvestigation, [1. 2020 Crl.L.J. (SC) 572] had an occasion to examine the provisions of the Passports Act, pendency of criminal cases and held that refusal of a passport can be only in case where an applicant is convicted during the period of five (05) years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. Section 6.2 (f) relates to a situation where the applicant is facing trial in a criminal Court. The petitioner therein was convicted in a case for the offences under Sections - 420, 468, 471 and 477A read with 120B of the IPC and also Section - 13 (2) read with Section 13 (1) of the Prevention of Corruption Act, 1988, against which, an appeal was filed and the same was dismissed. The sentence was reduced to a period