Andhra Pradesh High Court - Amravati
Addala Srinivas vs Union Of India on 28 July, 2022
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
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.
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.
[
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________
R. RAGHUNANDAN RAO, J.
28.07.2022
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.20592 of 2022
28.07.2022
RJS
