Buchamalla Bhupal Reddy vs The Union Of India
2022 Latest Caselaw 2399 Tel

            THE HON'BLE Dr. JUSTICE G. RADHA RANI

                    WRIT PETITION No.24440 of 2022
ORDER:

This petition is filed seeking a Writ of Mandamus aggrieved by the action

of the Respondent No.2 in rejecting the passport application of the petitioner.

2. Heard the learned counsel for the petitioner and the learned counsel

representing the Assistant Solicitor General of India.

3.1. The learned counsel for the petitioner submitted that the petitioner

and his wife made application on 13.04.2022 for issuance of passport for

obtaining visa to visit USA to see their daughter. The 2nd respondent rejected the

application of the petitioner on the basis of an adverse report by the police vide

Gmail Message on 27.05.2022 submitted by the 4th respondent. He further

submitted that Crime No.569 of 2017 for the offences under Sections 447, 427

and 506 IPC on the file of L.B. Nagar Police Station was registered against the

petitioner and another alleging that they trespassed into the house of the de facto

complainant. Charge sheet was filed and the same was numbered as CC No.8330

of 2021 on the file of II Metropolitan Magistrate, Cyberabad, L.B. Nagar,

showing the petitioner as Accused No.2 and the said case was pending.

3.2. Learned counsel for the petitioner further submitted that the de facto

complainant was bent upon to occupy the public place, which was meant for

colony. Then, the residential colony associations had filed injunction suit against

the de facto complainant and the suit was decreed against the de facto Dr.GRR,J

complainant. The de facto complainant preferred appeal before the appellate

court and the same was pending. The police without enquiring into the matter

properly, at the instance of the de facto complainant registered a case against the

petitioner that he trespassed into the house plot of the de facto complainant and

damaged the watchman room and had thrown away the articles on the road as the

petitioner was representing the colony association.

3.3. Learned counsel further submitted that the wife of the petitioner was

issued passport and she could not go to USA alone and the petitioner was

intending to stay in USA for two months only on visiting Visa and he was ready

to abide by any conditions.

4. The learned counsel representing the Assistant Solicitor General of

India submitted that they had no objection to dispose the writ petition as per the

directions of this court in W.P. No 21072 of 2018 dated 25-6-2018 which was

disposed of in similar circumstances.

5. Perused the record and the orders of this court in W.P. No.21072 of

2018. It was held therein that under Section 6(2)(f) of the Passport Act, 1967

(for short 'the Act'), no passport shall be issued to a person against whom

criminal case is pending. But the Government of India, Ministry of External

Affairs, New Delhi, issued notification dated 25.08.1993 under G.S.R. 570(E),

whereunder the Central Government, in exercise of power conferred under clause Dr.GRR,J

(a) of Section 22 of the Act, exempted citizens of India against whom

proceedings in respect of an offence alleged to have been committed by them are

pending before a criminal court in India and who produce orders from the Court

concerned permitting them to depart from India, from the operation of Clause (f)

of sub-section (2) of Section 6 of the Act, subject to conditions mentioned in the

said notification.

6. The court by considering circular instruction No.V.I/401/1/3/2014

dated 21.08.2018, issued by the Ministry of External Affairs, which is to the

effect that the applicant, who is facing criminal case, is required to submit

permission of the concerned court, as well as an undertaking on a plain paper, as

provided in clause (d) of the notification dated 25.08.1993 under GSR.570(E)

held that in view of the above, it is open for the petitioner to approach the court,

where the criminal case is pending against her, seeking permission to depart from

India and based on the same, 2nd respondent shall consider the application of the

petitioner for issuance of passport in accordance with law.

7. Considering the above judgment, it is considered fit to dispose of this

writ petition directing the petitioner to approach the concerned court where the

criminal case is pending against him to seek permission to depart from India and

basing on the same, the 2nd respondent shall consider the application of the

petitioner for issuance of the passport in accordance with law.

Dr.GRR,J

8. The writ petition is disposed of with the above directions.

No costs. Miscellaneous Petitions pending, if any, shall stand closed.

_____________________ Dr. G. RADHA RANI, J June 07, 2022 KTL