HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.31470 of 2023

ORDER

Heard learned counsel appearing for the petitioner and learned counsel appearing on behalf of the respondents Nos.1 and 2.

PERUSED THE RECORD

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

“To issue an order writ or direction more particularly one in nature of writ of MANDUMUS by declaring the action of respondent No.2 in refusing the petitioner’s application for renewing his passport vide passport No.J 3446520 vide file No.HY2074533297122 dated 26.08.2022 as illegal, arbitrary, unjust, unreasonable and in violation of Articles 14, 19(1)(d) & 21 of the Constitution of India in contrary to the orders passed by this Court in Writ Petition No.12585 of 2022 dated 11.03.2022 and consequently direct the respondents, more particularly Respondent No.2 top renew the petitioner’s passport vide No.J 3446520 by considering the renewal application of the petitioner vide File No.HY2074533297122 dated 26.08.2022 filed by him for renewal of his passport..”

3. A perusal of the record would reveal that the petitioner herein is an accused in Crime No.21 of 2022 for the offences punishable under Sections 374 of IPC and 75 of Juvenile Justice Act, 2015, Wadapally Police Station and after completion of investigation, the Investigating Officer had filed charge sheet. The same was taken on file vide C.C.No.433 of 2022 on the file of Judicial First Class Magistrate Court at Miryalaguda.

4. The petitioner herein has submitted an application for renewal of passport vide application No.HY2074533297122 dated 26.08.2022. However, the respondents herein are not renewing passport on the ground of pendency of the aforesaid criminal case against petitioner.

5. Learned counsel appearing for the petitioner would submit that due to lack of knowledge petitioner herein has not mentioned about pendency of the aforesaid criminal proceedings against him in the application dated 26.08.2022. It is neither willful nor wanton. He would further 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 passport.

6. Respondent No.2 cannot deny renewal of passport on the ground that aforesaid Criminal Case is pending against him. 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 of one (01) year. The petitioner therein had approached the Apex Court by way of filing an appeal and the same is pending. Therefore, considering the said facts, the Apex Court held that Passport Authority cannot refuse renewal of the passport on the ground of pendency of the criminal appeal. Thus, the Apex Court directed the Passport Authority to renew the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal case.

7. As discussed above, the aforesaid criminal case is pending against the petitioner herein. The petitioner had submitted an application N