THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.32099 OF 2024

ORDER:

This writ petition is filed seeking the following relief: “...to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 herein in issuing the impugned letter dated 16-10-2024, calling upon the petitioner herein to submit acquittal order in C.C.No.1701/2022, or obtain permission to travel abroad from the Trial Court to process petitioner’s passport application File No.HY2076881618324 dated 27-08-2024, without considering the petitioner’s clarification vide reply dated 07-10-2024, as illegal, arbitrary, in violation of the Article 14, 21 and 300-A of Constitution of India, besides in violation of the principles of natural justice and to consequently set aside the impugned letter dated 16-10-2024, passed by the respondent No.2, including the direction to the respondent No.2 herein to forthwith issue fresh passport to the petitioner in furtherance to application vide File No.HY2076881618324 dated 27-08-2024, and to pass...”

2. Heard Sri Venkata Sidartha, learned counsel representing Sri Katika Ravinder Reddy, learned counsel for the petitioner and Smt.Kavitha, learned Standing Counsel for Central Government appearing for respondent Nos.1 and 2.

3. Learned counsel for the petitioner submitted that respondent No.2 issued passport on 12.09.2022 and the same was valid up to 11.09.2032 and the said passport was damaged and the petitioner submitted application on 27.08.2024 requesting the respondent No.2 to issue new passport. Basing on the said application, without properly considering the same, respondent No.2 rejected the same through impugned order dated 16.10.2024 on the alleged ground that petitioner is accused in C.C.No.1701 of 2022 on the file of I Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-II Additional Junior Civil Judge at Sanga Reddy for the offences under Sections 420, 447, 427, 506 read with 34 of IPC. Mere pendency of criminal case is not a ground to reject the application of the petitioner. He further submitted that in similar cases, this Court disposed of W.P.No.28614 of 2024 on 16.10.2024 with certain conditions and the petitioner is also entitled for grant of very same relief.

4. Learned Standing Counsel appearing on behalf of respondents submitted that with the very same conditions, the writ petition may be disposed of.

5. Having considered the rival submissions made by respective parties and after perusal of material available on record, it reveals that respondent No.2 initially issued passport on 12.09.2022 and the same was valid up to 11.09.2032. When the said passport got damaged, the petitioner submitted an application on 27.08.2024 requesting the respondent No.2 to reissue the passport. In the interregnum period, the Crime No.112 of 2021 was registered against the petitioner for the offences under Sections 420, 447, 427, 506 read with 34 of IPC and the Investigating Officer filed charge sheet and the same was taken on file and the said C.C.No.1701 of 2022 is pending before competent criminal Court.

6. This Court taken into consideration of the principle laid down by the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation, 2020 Crl.L.J. (SC) 572 disposed of the W.P.No.28614 of 2024 on 16.10.2024 with certain conditions. Hence, this Court is of the considered view that the petitioner is entitled for the very same relief.

7. Accordingly, this writ petition is disposed of with the following conditions:

(i) The petitioner shall submit an undertaking along with an affidavit before the I Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-II Additional Junior Civil Judge at Sanga Reddy, in C.C.No.1701 of 2022 stating that the petitioner will not leave India during pendency of the C.C. without permission of the Court and