THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

This Writ Petition is filed questioning the action of the respondents in not issuing the passport basing on the vide application of the petitioner reference No.HYH067235575924, dated 23.12.2024 for using of business purpose and the same is rejected by the vide respondents letter dated 27.01.2025 alleging the petitioner involved in Crime No.10/2022 under Section 498-A, 506 IPC of WPS, Bhongiri, C.C.No.154/2022 on the file of Court of the Principal Junior Civil Judge, Bhongir is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and also against to the directions of this Court passed in W.P.No.33735 of 2024 dated 02.12.2024 and consequently direct the respondents to issue the passport to the petitioner immediately in the interest of justice, the present writ petition is filed.

2. The learned Counsel for the petitioner would submit that the petitioner is the resident of Kanchanapally Village, Valigonda MAndal, Yadadri Bhongir District and is doing business. One Smt. Pannala Manemma, W/o Malla Reddy filed a complaint before the WPS, Bhongir against her husband and in-laws and also showing the name of the petitioner and the Police registered a case in Crime No.10/2022, dated 09.02.2022 by showing the petitioner as accused No.4. The petitioner is not a blood relative of the accused No.1 namely Pannala Malla Reddy. Thereafter, the investigation was completed and charge sheet was filed and the same was numbered as C.C.No.154 of 2022 on the file of Court of the Judicial First Class Magistrate at Bhongir. Aggrieved by the CC proceedings, the petitioner filed a Crl.P.No.3379 of 2024 before this Court seeking to quash the proceedings in the said CC and this court dispensed with the appearance of the petitioner in the said CC in the lower Court vide its order dated 10.04.2024.

3. Learned counsel for the petitioner would further submits that the petitioner made application for issuance of passport before the respondents on 21.09.2023 by paying requisite fees and obtained the online appointment receipt vide Application Reference No.23-1010294527. Thereafter, the petitioner appeared before the respondent No.2 and attended the enquiry for issuance of passport, but, the respondents rejected the application of the petitioner on the ground of pending criminal case against him. Aggrieved by the impugned letter of the respondent No.2, the petitioner filed W.P.No.33735 of 2024 and this Court passed order dated 02.12.2024 by directing the petitioner to file fresh application for obtaining the passport by disclosing the complete details and for the same, the respondent authorities to take a decision as to whether the petitioner is entitled to be issued with a passport or not. After receipt of the said order, the petitioner made fresh application before vide the respondent No.2 passport Application No.HYH067235575924, dated 23.12.2024 by enclosing relevant documents and also furnished the order of this Court in W.P.No.33735 of 2024, dated 02.12.2024. After receipt of his application, the respondent No.2 again rejected vide the application on the same grounds Letter Ref.No.OBJ/320594939/25, dated 27.01.2025 and also directed the petitioner to obtain the orders from the competent Courts. The said action of the respondent No.2 is arbitrary and illegal.

4. 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.

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

6. Ms.N.V.R.Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen Kumar, Deputy Solicitor General of India appearing on behalf of respondents reported no objection for passing similar orders.

7. Having considered the submissions made by the learned counsel on both sides and with