Atukuri Raman Krishna vs The Union Of India
2022 Latest Caselaw 7014 AP

      THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

              WRIT PETITION No.29745 of 2022

ORDER:-

      The petitioner who had earlier obtained a passport, sought

issuance of fresh passport on the ground that earlier passport

booklet had been damaged. However, the 2nd respondent had

sent a communication dated 03.09.2018 stating that there was

a criminal case pending against the petitioner before the

Penamaluru Police Station, Krishna District in Crime No.375 of

2015. The petitioner also states that this crime has infact being

converted into S.C.No.9 of 2019, after the Special Judge for

offences under trial of POCSO Act, Vijayawada had taken

cognizance of the said charge sheet filed in this case.

2. The petitioner has now approached this Court with

the contention that in view of G.S.R.No.570(E), dated

25.08.1993 and the Judgment of the Hon'ble Supreme Court in

Crl.A.No.1342 of 2017, dated 27.09.2021, the petitioner would

be entitled to renewal and issuance of a fresh passport, without

reference to the pendency of the said case, before the POCSO

Court.

3. Sri Rama Rao Kochiri, learned counsel for the

petitioner relying upon the above submissions would contend

that the non issuance of a fresh passport to the petitioner is

clearly arbitrary and violative of rights under Article 19 and 21

of the Constitution of India.

4. A perusal of G.S.R.No.570(E) as well as the

Judgment of the Hon'ble Supreme Court would go to show that

the petitioner would be entitled for issuance of passport without

reference to a pending case as long as the Court of competent

jurisdiction had not taken cognizance of the said case. The case

of the petitioner would squarely fall within Section 6(2)(f) of the

passports Act as the said provision stipulates that a passport

need not be issued while a criminal case is pending against the

petitioner.

5. A perusal of the G.S.R.No.570(E) would also show

that the same principle is reiterated. However, it would still be

permissible for the petitioner to move an application before the

Court where a criminal case against the petitioner is pending

and seek leave to the Court to go out of the country and

consequently for obtaining a fresh passport.

6. Accordingly, this writ petition is disposed of leaving

it open to the petitioner to approach the appropriate Court of

competent criminal jurisdiction. There shall be no order as to

costs.

Miscellaneous petitions, pending if any, in this Writ

Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date: 14-09-2022

RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

WRIT PETITION No.29745 of 2022

Date : 14-09-2022

RJS