Prakash Reddy Thopudurthi vs The Union Of Government Of India
2023 Latest Caselaw 1721 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                   WRIT PETITION No. 7035 of 2023

JUDGMENT:

1) Heard Sri. P. Aditya Harsha Vardhan, Advocate for

M/s.Pillix Law Firm, for the Petitioner and Ms. Alekhya

Tadasina, learned Central Government Counsel for

Respondents No.1 & 2.

2) This Writ Petition has been filed under Article 226 of

the Constitution of India by the Petitioner for the following

relief:

"to issue a writ, order, more particularly in the nature of Writ of Mandamus by declaring the action of Respondent No. 2 in not issuing the passport to the Petitioner pursuant to his application no.VJ064581452322 dated 13.09.2022 on the ground that criminal proceedings are pending against the Petitioner as illegal, arbitrary and violative of Principles Of Natural Justice and against Articles 14 and 21 of the Constitution of India and consequently to direct Respondent No. 2 to issue the passport for the Petitioner on his application No.VJ064581452322, dated 13.09.2022 and to pass such other order..."

3) The Petitioner has prayed for direction to the

Respondent No. 2 - the Regional Passport Office,

Vijayawada, to issue passport to him without being

influenced by any pendency of case or crime against him.

4) Though, in the Writ Petition, it is mentioned that no

criminal case is pending against the Petitioner in any

criminal court and only First Information Report ['FIR']

was lodged and was pending investigation, but

Sri. P. Aditya Harsha Vardhan, Advocate, on the basis of

instructions received today from the Petitioner submits

that, in both the criminal cases, the police report/charge-

sheet has been filed in the court and the cases are pending

in the Special Court for Trial of M.P. / M.L.As., Vijayawada,

being C.C. No. 958 of 2018 and C.C. No. 711 of 2019.

5) The Petitioner's application for issuance of passport

is pending, upon which the notice/information was given

to the Petitioner to submit the clarification with respect to

the said crime numbers.

6) In view of the instructions received by the Petitioner's

counsel and as noted above, the criminal cases are pending

against the Petitioner in criminal court and consequently

Section 6(2)(f) of the Passport Act, 1967, ['Act'] is attracted.

7) The learned Counsel for the Petitioner submits that,

this Court has decided the controversy i.e., in view of the

pendency of criminal case in the criminal court, where

Section 6(2)(f) of the Act is attracted, under what

circumstances, the "issuance" or "renewal" of passport can

be considered, in Kadar Valli Shaik Vs. Union of India

and Batch - Writ Petition Nos. 1392 & 2896 of 2023 and

38869 of 2022, decided on 07.03.2023. A copy of the

Common Judgment is annexed to the petition as Ex.P4. He

also submits that the Order, on the same lines, may also

be passed in the Petitioner's case.

8) To the aforesaid, the learned Central Government

Counsel for the Respondent has no objection.

9) In the Writ Petition Nos. 1392 & 2896 of 2023 and

38869 of 2022, this Court held as under:

"To sum up, this Court holds that;

(i) 'Issue' of passport in Section 5 of the Passports Act includes 'renewal' of the passport as well;

(ii) While considering the renewal of the passport, the passport authority would be within its jurisdiction and authority to refuse renewal, on the same grounds as in the cases of issuance of the passport for 'the first time', provided by Section 6 (2) of the Passport Act. In other words, Section 6 (2) of the Passport Act applies to renewal of the passport, as well;

(iii) In the cases for renewal, to which Section 6 (2)

(f) of the Passports Act is attracted, i.e., where the applicant is facing criminal trial in a criminal Court in India, renewal of the passport shall be refused, subject to the fulfillment of the condition under the notification of the Central Government, dated 25.08.1993, issued in exercise of the powers conferred by Section 22 of the Passports Act, upon which such applicant shall stand exempted from the operation of the provisions of Clause (f) of sub-section (2) of Section 6;

(iv) In a case where clause (f) of Section 6 (2) is attracted, the holder of the passport, for its renewal, will have to produce an order from the Court concerned, where the proceedings against

him are pending trial in respect of an offence alleged to have been committed by him, permitting him to depart from India;

(v) The notification dated 25.08.1993 applies to the citizen applicants for renewal of the passport even if already departed from India under the passport of which renewal is sought.

(vi) On production of an order, from the concerned Court, as referred in the notification, the renewal of the passport shall not be refused only on the ground of Section 6 (2) (f), i.e., mere pendency of the criminal case for trial;

(vii) Condition (d) of the notification dated 25.08.1993 is an additional requirement and is not in substitution of the requirement from those citizen/applicants who have to produce an order of the Court concerned, where the criminal case is pending, permitting him to depart from India."

10) This Court issued the directions in the Writ Petition

Nos. 1392 & 2896 of 2023 and 38869 of 2022, as under:

"105. In the result, the Court passes the following order, disposing of all the writ petitions in the following terms:

(a) The prayer of writ petitioners seeking direction to the respondent passport authorities to

renew the passport without insisting on compliance with the notification dated 25.08.1993, notwithstanding the pendency of the criminal case in the Court concerned for trial, is rejected.

(b) A direction is issued to the respondents No.1 to 3 to consider the cases of the petitioners covered under clause (f) of Section 6 (2) of the Passports Act, for renewal of the passport, on production of the order from the concerned Court where the criminal case is pending for trial.

(c) On production of an order from the concerned Court, as aforesaid, the application for renewal shall not be rejected on the ground of mere pendency of the criminal case in Court, but subject to compliance of other requirements under notification dated 25.08.1993.

(d) If the petitioner approaches the concerned Court where the criminal case is pending trial, for an order, seeking No Objection Certificate / Permission to depart from India or to continue to his departing from India, with respect to those petitioners, who already departed under the passport, the renewal of which is requested, their applications would be considered by the concerned Court, as per

law, taking into account the relevant facts and circumstances of their respective cases and appropriate orders shall be passed according to law.

(e) The judgment in the case of Vangala Kasturi Rangacharyulu (supra) by the Hon'ble Apex Court, shall be considered in the correct perspective, as discussed in this judgment, by the concerned Court.

(f) If there is an additional ground, under any other clause of Section 6 (2), i.e., other than clause (f), the same shall be considered independent of the directions issued in these writ petitions.

(g) The petitioner of W.P.No.2896 of 2023 is granted liberty to approach the Court concerned afresh."

11) In the result, the Court passes the following order,

disposing of the present writ petition in the following

terms:

a) A direction is issued to the respondent No.2 to consider the case of the petitioner covered under clause (f) of Section 6 (2) of the Passports Act, for issuance of passport, on production of the order from the concerned

Court where the criminal case(s) is pending for trial.

b) On production of an order from the concerned Criminal Court, as aforesaid, if permitting the petitioner to deport from India, the application for issuance of passport shall not be rejected on the ground of mere pendency of the criminal case(s) in Court, but subject to compliance of other requirements under notification G.S.R. 570(E) dated 25.08.1993.

c) If the petitioner approaches the concerned Court where the criminal case(s) is pending trial, for an order, seeking No Objection Certificate / requisite permission, his application would be considered by the concerned Court, as per law, taking into account the relevant facts and circumstances of his case(s) and appropriate orders shall be passed according to law.

d) The judgment in the case of Vangala Kasturi Rangacharyulu Vs. Central Bureau of Investigation - I.A. No. 52346/2021 in Crl.A.No.1343/2017, dated 27.09.2021, by the Hon'ble Apex Court, shall be considered in the correct perspective, as discussed in the judgment dated 7.03.2023 (supra), a copy of which shall be provided to the concerned Court by the petitioner.

e) If there is an additional ground, under any other clause of Section 6 (2), i.e., other than clause (f), the same shall be considered independently."

12) The present Writ Petition is disposed of with the

aforesaid directions.

No order as to costs.

Pending miscellaneous petitions, if any, shall stand

closed in consequence.

________________________ RAVI NATH TILHARI, J

Date: 29.03.2023 SM/MKK..

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 7035 OF 2023

Date: 29.03.2023

SM/MKK