Narotham Yerpula vs The Union Of India
2024 Latest Caselaw 237 Tel

Telangana High Court

Narotham Yerpula vs The Union Of India on 12 January, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

         HON'BLE MRS JUSTICE SUREPALLI NANDA

               WRIT PETITION No.954 OF 2024
ORDER:

Heard Mr. Md Iqbal Ali Javid, learned counsel

appearing for the petitioner and learned counsel

representing the Deputy Solicitor General of India

appearing for respondents.

2. The petitioner approached the Court seeking prayer

as under:

"To issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No.2 in not issuing fresh passport on the application dated 17-7-2023 vide No. HY3075578347723 in rejecting the issuance of passport as there is criminal case is pending in CC No. 431 of 2020 on the file of Judicial First Class Magistrate, Zaheerabad arising out of Crime No. 05/2020 is illegal, arbitrary, contrary to law and violation of Fundamental Rights guaranteed under the Constitution of India and consequently direct the 2nd respondent to issue fresh passport to the petitioner as per application File No. HY3075578347723 dated 17-7-2023and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

3. When the matter came up for hearing, it is represented by

learned counsel for the respective parties that the subject issue

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in the present writ petition is squarely covered by the Judgment

passed in Vangala Kasturi v. Central Bureau of

Investigation reported in 2020 Crl.L.J. (SC) 572.

4. Recording the said submission on record, this writ

petition is disposed of at the admission stage, directing

the 2nd respondent to consider the application bearing

No.HY3075578347723 dated 17.07.2023 submitted by the

petitioner seeking issuance of passport without reference

to the pendency of the proceedings in C.C.No.431 of 2020,

subject to the following conditions:

i) The petitioner herein shall submit an undertaking

along with an affidavit in C.C.No.431 of 2020,

pending on the file of Judicial Magistrate of First

Class, Zaheerabad, stating that he will not leave

India during pendency of the said C.C. without

permission of the Court and that he will

co-operate with trial Court in concluding the

proceedings in the said C.C.;

ii) On filing such an undertaking as well as affidavit, the

trial Court shall issue a certified copy of the same

within two (02) weeks therefrom;

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iii) The petitioner herein shall submit certified copy of

aforesaid undertaking before the Respondent-

Passport Officer for issuance of his passport;

iv) The Respondent-Passport Officer shall consider the

said application in the light of the observations made

by the Hon'ble Apex Court and this High Courtherein

as well as the contents of the undertaking given by

the petitioner for issuance of his passport in

accordance with law, within two (03) weeks from the

date of said application;

v) On renewal of the Passport, the petitioner herein

shall deposit the original renewed Passport before

the trial Court in C.C.No.431 of 2020; and

vi) However, liberty is granted to the petitioner herein to

file an application before the trial Court seeking

permission to travel aboard and it is for the trial

Court to consider the same in accordance with law.

However, in the circumstances of the case, there shall be

no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending in the

writ petition shall also stand closed.

___________________________________ MRS JUSTICE SUREPALLI NANDA Date:12.01.2024 HK

WP_954_2024 SN,J

HON'BLE MRS JUSTICE SUREPALLI NANDA

WRIT PETITION No.954 OF 2024

Date:12.01.2024

HK

WP_954_2024 SN,J