Appala Dileep Chakravarthy vs Union Of India
2022 Latest Caselaw 4723 AP

     THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

              WRIT PETITION No.21512 of 2022


ORDER:

The petitioner is the possessor of a passport bearing

No.K1852612 which has expired. The petitioner had filed an

application under file No.VJ6074019431922 before the 2nd

respondent for renewal of the said passport. This application

was not being processed on the ground that three criminal

cases, under Section 138 of the Negotiable Instruments Act,

1881, were pending against the petitioner on the file of the II

Additional Judicial Magistrate, I Class, Nellore bearing C.C

No.2428/2019, 2429/2019 and 2432/2019. The petitioner

has approached this Court by way of the present Writ Petition

with the complaint that mere pendency, of such criminal

cases, cannot be a bar for renewal of his passport and relied

upon a judgment of The Hon'ble The Supreme Court in case of

P. Mohan Raj & Others versus Shah Brothers Ispat

Private Limited (202l) Volume 6 SCC 258.

2. The learned Assistant Solicitor General, on written

instructions, submits that apart from the aforesaid three cases

mentioned by the petitioner, the police report has revealed

that there are two more criminal cases filed under Section 138

of the Negotiable Instruments Act, 1881 bearing C.C.

Nos.68/2019 and 374/2017 before the same Magistrate.

3. When the matter came up for hearing, Sri M.

Gowtham, learned Counsel for the petitioner, submits that all

the aforesaid five cases have been closed in the Lok Adalats

held on 21.07.2022 and 23.07.2022. He has placed the

proceedings of the said Lok Adalats before this Court.

4. In view of the fact that all the criminal cases

pending against the petitioner have been closed, it would be

appropriate to dispose of this Writ Petition with a direction to

the 2nd respondent to process the application of the petitioner

in file No.VJ6074019431922 and renew or re-issue the

passport of the petitioner expeditiously, without reference to

the aforesaid five criminal cases. There shall be no order as to

costs.

Miscellaneous petitions, pending if any, shall stand

closed.

_________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 28.07.2022 MJA

Issue C.C. by 29.07.2022

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.21512 of 2022

Date : 28.07.2022

MJA