THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

This Writ Petition is filed questioning the action of the respondents in closing File No.HYA062395523919, wherein the petitioner was refused passport services in view of pending criminal cases as illegal, arbitrary and contrary to the provisions of the Passport Act, 1967 and violation of Article 14 and 21 of the Constitution of India and consequently direct respondent No.2 to reconsider the petitioner’s Application Reference No.19-1008100987, wherein the petitioner was refused passport services in view of pending criminal cases, without referring to two criminal cases pending i.e., C.C.No.1081/2024 and C.C.No.62/2024, the present writ petition is filed.

2. The learned Counsel for the petitioner would submit that the petitioner submitted an application dated 23.08.2019, seeking for issuance of a passport and obtained Application Reference No.19-1008100987. While the petitioner was waiting for completion of formalities and issuance of renewed passport, he came to know that his File No.HYA062395523919 was closed and no further processing will be done on the passport application and he was orally informed that the passport was not issued due to a pending criminal case on him. The pending criminal case against the petitioner has been cited for refusal of issuance of passport is C.C.No.1081/2024 (renumbered) under Sections 143, 447, 427, 506 read with 149 of IPC on the file of the I Junior Civil Judge-cum-Judicial Magistrate of First Class, Dhammapeta. Later C.C.No.62 of 2024 was registered against the petitioner under Sections 143, 149, 283 and 341 of IPC on the file of the I Junior Civil Judge-cum-Judicial Magistrate of First Class, Dhammapeta.

3. Today when the matter is taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has disposed of W.P.No.34165 of 2024 dated 05.12.2024 by imposing certain conditions.

4. Learned counsel for the petitioner prays this Court to pass similar order.

5. Learned Standing Counsel, representing Mr.Gadi Praveen Kumar, Deputy Solicitor General of India appearing on behalf of respondents reported no objection for passing similar orders.

6. Having considered the submissions made by the learned counsel on either side and with their consent, this writ petition is disposed of with the following conditions: (i) The petitioner shall submit an undertaking along with an affidavit before the I Junior Civil Judge-cum-Judicial Magistrate of First Class, Dhammapeta in C.C.No.1081/2024 and C.C.No.62/2024, stating that the petitioner will not leave India during pendency of the said criminal cases without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Court shall issue a certified copy of the undertaking along with an affidavit within two (2) weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for renewal of passport.

(iv) The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard.

(v) The Passport authority is directed to renew the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court.

(vi) The petitioner shall deposit the original passport before the I Junior Civil Judge-cum- Judicial Magistrate of First Class, Dhammapeta, in C.C.No.1081/2024 and C.C.No.62/2024 after renewal of the passport.

(vii) The petitioner shall be at liberty to file an application before the I Junior Civil Judge-cum- Judicial Magistrate of First Class, Dhammapeta, in C.C.No.1081/2024 and C.C.No.62/2024, seeking