Andhra Pradesh High Court - Amravati
Ukkidi Kameswara Rao vs The Union Of India on 13 August, 2024
APHC010329232024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE THIRTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION NO: 16693/2024
Between:
Ukkidi Kameswara Rao ...PETITIONER
AND
The Union Of India and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. P S P SURESH KUMAR
Counsel for the Respondent(S):
1. O UDAYA KUMAR (CENTRAL GOVT COUNSEL)
The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 16693/2024
ORDER:
This writ petition is filed under Article 226 of the Constitution of the
India seeking the following reliefs:-
"to issue a Writ, Order or direction more
particularly one in the nature of Writ of Mandamus
declaring the action of the Respondents in not
renewing the passport of the Petitioner vide
Passport No.M2269182 on the ground of pendency
of Criminal Case under Sections 498-A and 3 and 4
of Dowry Prohibition Act as illegal, arbitrary, violation
of Principles of Natural Justice, violation of Articles
14, 19(1)(g) and 21 of the Constitution of India and
consequently direct the Respondents to renew the
passport of the Petitioner bearing No.M2269182
forthwith and pass such other order or orders..."
2. Heard learned counsel for petitioner and Sri O.Uday Kumar,
learned Standing Counsel for Central Government for the
respondents.
3. When the matter is taken up for hearing, learned counsel for
the petitioner would submit that the issue involved in this Writ Petition
is squarely covered by the order dated 28.07.2022 passed by this
Court in Writ Petition No.22198 of 2022 and requested to pass a
similar order in this writ petition also.
4. For better understanding the operative portion of the said
order reads as follows:
"In view of the judgment of the Hon'ble
High Court of Madras and in view of the
peculiar circumstances of this case, there
shall be a direction to the respondent Nos. 1 &
2 to renew/re-issue the passport of the
petitioner for a limited period of six (06)
months to enable the petitioner to come back
to India to face the investigation in the above
crime. The said exercise is to be completed as
expeditiously as possible, keeping in mind the
fact that the passport of the petitioner would
expire on 05.08.2022
There shall be a further direction to the
petitioner to file an undertaking before the
competent Magistrate before whom the above
crime is pending, that he would be returning
back to India within the aforesaid six (06)
months period for which the passport is being
renewed or re-issued. In the event of the
petitioner failing to return to India within the
would be entitled to impound the said
passport. There shall be no order as to costs."
5. The same is not disputed by learned Standing Counsel for
the respondents.
6. In view of the same, this Court deems it appropriate to
dispose of the matter following the identical lines as in Writ
Petition No.22198 of 2022, dated 28.07.2022.
7. In the result, this writ petition is disposed of, with the
following directions:
i) Respondent Nos. 1 & 2 to renew/re-issue the
passport of the petitioner for a limited period of six (06)
months to enable the petitioner to come back to India to
face the investigation in the above crime. The said
exercise is to be completed as expeditiously as possible,
keeping in mind the fact that the passport of the petitioner
would expire on 18.09.2024.
ii) Further the petitioner is directed to file an undertaking
before the competent Magistrate before whom the above
crime is pending, that he would be returning back to India
within the aforesaid six (06) months period for which the
passport is being renewed or re-issued. In the event of
the petitioner failing to return to India within the aforesaid
period, the respondent Nos.1 & 2 would be entitled to
impound the said passport.
There shall be no order as to costs
8. Registry is directed to enclose a copy of the order dated
28.07.2022 passed in W.P.No.22198 of 2022 to this order.
Miscellaneous petitions, if any pending, in this case, shall
stand closed.
__________________________________
VENKATESWARLU NIMMAGADDA, J
13.08.2024
BSP
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO.16693 of 2024
13.08.2024
BSP
