HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.20592 of 2022
ORDER:
The petitioner had applied for a passport, before the 2nd respondent, vide application bearing No.VS1070653179917. However, the 2nd respondent refused to process the same on the ground that three criminal cases have been registered against the petitioner in Crime No.516 of 2012, Crime No.487 of 2012 and Crime No.689 of 2015, under various provisions of the Indian Penal Code and Andhra Pradesh Land Grabbing Act.
2. The petitioner has now filed the present writ petition seeking a direction to the 2nd respondent, to consider and issue a passport to the petitioner, without reference to these criminal cases.
3. The VII Metropolitan Magistrate-Cum-II Additional Junior Civil Judge, Bheemunipatnam had taken cognizance of Crime No. 561 of 2012 as C.C.No.297 of 2015, cognizance of Crime No.487 of 2012 as C.C.No.361 of 2015 and cognizance of Crime No.689 of 2015 as C.C.No.3 of 2021. The affidavit also states that cognizance of another complaint filed in Crime No.696 of 2015 on the file of the P.M.Palem Police Station was taken as C.C.No.182 of 2016 and subsequently renumbered as C.C.No.24 of 2018. It is stated that the petitioner was acquitted in C.C.No.297 of 2015 by a Judgment dated 31.07.2017. He was acquitted in C.C.No.361 of 2015 by a Judgment dated 19.07.2017 and in C.C.No.24 of 2018 by a Judgment dated 2 17.12.2019. It is also stated in the affidavit that as far as C.C.No.3 of 2021 is concerned, the petitioner had approached this Court by way of Crl.P.No.1206 of 2022 under Section 482 of Cr.P.C for quashing the said complaint. This Court, by an order dated 23.02.2022 had granted stay of all further proceedings in C.C.No.3 of 2021.
4. The petitioner admits that proper course of action for getting a clearance, for obtaining a passport, would be for the petitioner to approach the trial Court, for issuance of No Objection Certificate under Section 6 of the Passport Act read with GSR.No.570(E), dated 25.08.1993. However, the petitioner submits that he is unable to take the said step as all proceedings in the trial Court had stayed and contends that this Court may intervene in the matter and relies upon an order of the Hon'ble High Court of Madras, dated 21.03.2019 in W.P.No.22924 of 2018 and W.P.No.20826 of 2018 to contend that this Court can direct the respondents, to issue a passport.
5. The petitioner submits that he requires a passport primarily for accompanying his daughters, who are Carnatic vocalists and perform concerts in various countries. The request being made by the petitioner cannot be denied as a ruse to leave the country. The material papers filed by the petitioner would also show that his daughters have been performing various concerts in India, including concerts during the Margazhi 2021 season in Chennai.
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6. The learned standing counsel for the Central Government submits that the petitioner can very well approach this Court in the criminal petition and seek a modification of the order to permit his application, for issuance of No Objection Certificate to be taken up by the trial Court and thereafter, approach the trial Court, for issuance of No Objection Certificate, from the trial Court.
7. The said exercise suggested by the learned standing counsel in the Central Government, is too cumbersome and in any event, keeping in view the acquittal of the petitioner in the other cases, is an exercise which need not be gone through and relief can be given by this Court.
8. Keeping in view the fact that the petitioner has already been acquitted in cases filed on the same facts, it would sub-serve the ends of justice, to permit the petitioner to obtain a passport for the purpose of accompanying his daughters on their concerts abroad.
9. Accordingly, this writ petition is allowed directing the 2nd respondent, to consider and take a decision on the issuance of a passport to the petitioner, without reference to the pendency of C.C.No.3 of 2021 in the Court of the Principal Junior Civil Judge-Cum-land Grabbing Court, Visakhapatnam. The said exercise shall be completed expeditiously and at any rate within a period of one month from the date of receipt of this order. There shall be no order as to costs.
[ 4 As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
28.07.2022 RJS 5 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.20592 of 2022 28.07.2022 RJS