Telangana High Court
Narotham Yerpula vs The Union Of India on 12 January, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.954 OF 2024
ORDER:
Heard Mr. Md Iqbal Ali Javid, learned counsel appearing for the petitioner and learned counsel representing the Deputy Solicitor General of India appearing for respondents.
2. The petitioner approached the Court seeking prayer as under:
"To issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 in not issuing fresh passport on the application dated 17-7-2023 vide No. HY3075578347723 in rejecting the issuance of passport as there is criminal case is pending in CC No. 431 of 2020 on the file of Judicial First Class Magistrate, Zaheerabad arising out of Crime No. 05/2020 is illegal, arbitrary, contrary to law and violation of Fundamental Rights guaranteed under the Constitution of India and consequently direct the 2nd respondent to issue fresh passport to the petitioner as per application File No. HY3075578347723 dated 17-7-2023and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. When the matter came up for hearing, it is represented by learned counsel for the respective parties that the subject issue 2 WP_954_2024 SN,J in the present writ petition is squarely covered by the Judgment passed in Vangala Kasturi v. Central Bureau of Investigation reported in 2020 Crl.L.J. (SC) 572.
4. Recording the said submission on record, this writ petition is disposed of at the admission stage, directing the 2nd respondent to consider the application bearing No.HY3075578347723 dated 17.07.2023 submitted by the petitioner seeking issuance of passport without reference to the pendency of the proceedings in C.C.No.431 of 2020, subject to the following conditions:
i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.431 of 2020, pending on the file of Judicial Magistrate of First Class, Zaheerabad, stating that he will not leave India during pendency of the said C.C. without permission of the Court and that he will co-operate with trial Court in concluding the proceedings in the said C.C.;
ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks therefrom;3
WP_954_2024 SN,J
iii) The petitioner herein shall submit certified copy of aforesaid undertaking before the Respondent- Passport Officer for issuance of his passport;
iv) The Respondent-Passport Officer shall consider the said application in the light of the observations made by the Hon'ble Apex Court and this High Courtherein as well as the contents of the undertaking given by the petitioner for issuance of his passport in accordance with law, within two (03) weeks from the date of said application;
v) On renewal of the Passport, the petitioner herein shall deposit the original renewed Passport before the trial Court in C.C.No.431 of 2020; and
vi) However, liberty is granted to the petitioner herein to file an application before the trial Court seeking permission to travel aboard and it is for the trial Court to consider the same in accordance with law. However, in the circumstances of the case, there shall be no order as to costs.
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WP_954_2024 SN,J As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.
___________________________________ MRS JUSTICE SUREPALLI NANDA Date:12.01.2024 HK 5 WP_954_2024 SN,J HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.954 OF 2024 Date:12.01.2024 HK 6 WP_954_2024 SN,J