Andhra Pradesh High Court - Amravati
Krishna Singh Devalam vs The State Of Ap on 20 April, 2023
1
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.7918 of 2023
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of
India seeking the following relief:
"...to issue a writ order or direction more particularly
one in the nature of writ of Mandamus by declaring the
action of the 2nd respondent in not issuing the renewal of
passport and intentionally calling an explanation through the
impugned order vide Letter Ref.No.SC/3141142856/23,
dated 17.01.2023 is bad, illegal, unconstitutional, without
any authority of law and also contrary to the Apex Court
order in Crl.A.No.1342 of 2017 dated 27.09.2021 and
W.P.No.7714 of 2022 dated 22.06.2022 and consequently
set aside the proceedings vide Ref.No.SC/3141142856/23
dated 17.01.2023 and renew the passport of the petitioner
vide No.J8972245 and pass such other order or orders...."
2. It is the case of the petitioner that, three cases viz., Crime
No.185 of 2017 of Dargamitta Police Station, Crime No.191 of 2020 of
Santhapet Police Station and Crime No.402 of 2022 of Balaji Nagar
Police Station were pending against the petitioner before the Nellore City
Police and the petitioner has enlarged on bail in all the three cases. The
2nd respondent vide impugned order dated 17.01.2023 refused to renew
the passport of the petitioner calling for explanation on the ground of
suppression of material facts of the said pending cases. Hence, the Writ
Petition.
3. Heard Sri V.Surendra Reddy, learned counsel for the petitioner,
learned Assistant Government Pleader for Home appearing for the
respondent Nos.1, 3 to 5 and Sri N.Harinath, learned Deputy Solicitor
General appearing for respondent No.2.
4. Learned counsel for the petitioner, in elaboration to what has
been stated in the affidavit, has contended that, as per Section 6 of the
Indian Passport Act, the Passport authorities cannot refuse to renew the
passport on mere registration of crime. In support of his contention, he
relied on the judgment of Hon'ble Supreme Court of India in Vangala
Kasturi Rangacharyulu v. Central Bureau of Investigation which
was decided on 27.09.2021 and the judgment of this Court in Writ
Petition No.7714 of 2022 dated 22.06.2022.
5. On the other hand, learned Assistant Government Pleader for Home
appearing for respondent Nos.1, 3 to 5 and learned Deputy Solicitor
General appearing for 2nd respondent contended that in one of the above
crimes, police have already filed charge sheet and the same was
numbered as C.C.No.868 of 2022 and it was posted for service of
summons. In such circumstances, the principle laid down by the Apex
Court is not applicable to the facts of the case. If at all the petitioner
wants to renew the Passport, he has to file an application before the
concerned Court below and seek permission of the Court below.
6. There is some force in the contention of learned counsel for the
respondents that the petitioner has to approach the Court below.
Further, the principle laid down in the decision relied on by the
petitioner cannot be applied to the present facts of the case.
7. Taking the submissions into consideration and in view of the
circumstances of the case, instead of keeping this Writ Petition pending,
this Court is inclined to dispose of the same at the admission stage
itself.
8. Accordingly, the Writ Petition is disposed of giving liberty to the
petitioner to make an application before the concerned Court below in
C.C.No.868 of 2022 by raising all the pleas that are taken before this
Court in the present Writ Petition for renewal of Passport. On such
application, the Court below is directed to pass appropriate orders in
accordance with law. No costs.
As a sequel, miscellaneous petitions pending, if any in the Writ
Petition, shall stand closed.
__________________________________
JUSTICE RAVI CHEEMALAPATI
Dated: 12.04.2023
MP
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION No.7918 of 2023
12.04.2023
MP
