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Judgment
Heard Mr. Saleemoddin, learned counsel for the petitioner; Mr. B.Manav Kumar, learned Standing Counsel for Central Government, representing Mr. N.Bhujanga Rao, learned Deputy Solicitor General of India, appearing for the respondents; and perused the material on record.
The grievance of the petitioner is that his application for passport vide file No.HY1075390061125 dated 25.07.2025 has been kept on hold by respondent No.2 on the ground of pendency of the following criminal cases on the file of the learned II Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Wanaparthy (for short 'trial Court'):
C.C. No.946 of 2022 arising out of Crime No.113 of 2018 registered with Gopalpet Police Station for the offences punishable under Section 171-e read with Section 171-f of the Indian Penal Code (IPC);
ii) C.C. No.376 of 2022 arising out Crime No.120 of 2021 registered with Gopalpet Police Station for the offences punishable under Sections 505(2), 323, 504 and 506 read with Section 34 of the IPC; iii) C.C. No.835 of 2023 arising out of Crime No.39 of 2023 registered with Gopalpet Police Station for the offences punishable under Sections 379, 420, 467 and 468 read with Section 34 of the IPC; iv) C.C. No.741 of 2024 arising out of Crime No.61 of 2024 for the offences punishable under Sections 188 and 171(B) read with Section 171 (E) of the IPC; and
C.C. No.67 of 2024 arising out of Crime No.140 of 2023 registered with Gopalpet Police Station for the offences punishable under Sections 188 and 171(B) read with Section 171 (E) of the IPC
Learned Standing Counsel for Central Government submitted that due to the pendency of the above said criminal cases, the application of the petitioner is kept pending.
In the opinion of this Court, it would be appropriate for the petitioner to file application in the above said criminal cases before the trial Court and seek permission for travelling abroad or seek for renewal of his passport. As and when permission is granted, the petitioner is at liberty to approach respondent No.2 for issuance of fresh passport/renewal of his passport.
In the circumstances, this writ petition is disposed of giving liberty to the petitioner to file appropriate application in C.C. No.946 of 2022, C.C. No.376 of 2022, C.C. No.835 of 2023, C.C. No.741 of 2024 and C.C. No.67 of 2024 before the trial Court seeking grant of NOC for renewal of his passport/travelling abroad. As and when such application is filed, the trial Court shall dispose of the same by giving opportunity of hearing to the petitioner, the concerned Public Prosecutor and the de facto complainant, and pass appropriate orders in accordance with law, within a period of one (1) week thereof. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition, stand closed.