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Judgment
The grievance of the petitioner, in short, is that the passport authorities are not issuing his passport, on the ground of pendency of criminal case against him.
Heard Sri N.Sashinag, learned counsel representing Sri V.Sai Kumar, learned counsel for the petitioner and Sri Parimi Rama Rayudu, learned Central Government Counsel for the respondents.
Learned counsel for the petitioner sought liberty to file an appropriate application before the Court of the Judicial Magistrate of First Class, Amalapuram, where C.C.No.1382 of 2023 is pending.
Perusal of the material available on record shows that Calendar Case No.1382 of 2023 is pending against the petitioner on the file of the Court of Judicial Magistrate of First Class, Amalapuram.
The Hon’ble Supreme Court, as well as various High Courts, have consistently held that criminal proceedings can be said to have commenced only after the competent Court has taken cognizance of the offence and the issuance of renewal of a passport would thereafter depend upon the concerned Court granting No Objection Certificate or appropriate permission.
Taking the facts and circumstances of the case into consideration and having regard to the fact that C.C.No.1382 of 2023 is pending against the petitioner and that the petitioner intends to file an application before the concerned Court, this Court is inclined to dispose of the Writ Petition at the admission stage itself.
Accordingly, the Writ Petition is disposed of granting liberty to the petitioner to make an appropriate application before the learned Judicial Magistrate of First Class, Amalapuram, for issuance of ‘No Objection Certificate’ for issuance of his Passport. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, pending if any, shall stand closed.