Telangana High Court
Sri Baleeswar Reddy Vangur vs The Government Of India on 13 April, 2022
Author: G. Radha Rani
Bench: G. Radha Rani
THE HON'BLE Dr. JUSTICE G. RADHA RANI
W.P.No.16651 of 2022
ORDER:
This petition is filed seeking a Writ of Mandamus aggrieved by the inaction of the Respondent No.2 in not issuing passport to the petitioner.
2. Heard the learned counsel for the petitioner and the learned counsel representing the Assistant Solicitor General of India.
3. The learned counsel for the petitioner submitted that the petitioner applied for issuance of passport vide application No. 1063449455721, dated 12-07-2021, as he intended to visit USA to spend time with his children and that the younger son of the petitioner was receiving convocation certificate from the University of Central Missouri. Learned counsel further submitted that the petitioner was convicted by the VI Special Magistrate, Erramanzil, Hyderabad in C.C.Nos.3 and 4 of 2017 and aggrieved by the said orders, he preferred appeals before the VII Metropolitan Sessions Judge at Nampally, Hyderabad, and the VII Metropolitan Sessions Judge suspended the conviction orders passed by the VI Special 2 Magistrate. As on date, no conviction order was subsisting against the petitioner. Learned counsel further submitted that without considering the explanation submitted by the petitioner, respondent No.2 issued the impugned letter 27.12.2021.
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 a similar matter.
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), where- under the Central Government, in exercise of power conferred under clause (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 3 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 the writ petition directing the petitioner to approach the concerned Court where the criminal appeal is pending against him to seek permission to depart from India and basing on the same, the 2nd 4 respondent shall consider the application of the petitioner for issuance of the passport in accordance with law. No costs.
8. The writ petition is disposed of with the above directions. Miscellaneous Petitions pending, if any, shall stand closed.
_____________________ Dr. G. RADHA RANI, J Date: 13-04-2022 rkk