AI Structured Summary
Not yet generated for this judgment
Judgment
The Writ Petition is filed challenging the action of Respondent No.2 in not renewing the petitioner's passport vide File No.HY2075309045323, dated 29.04.2024, on the ground of pendency of criminal case.
Heard M/s. Thomas George, learned counsel for petitioner, Sri M. Vijay Kumar, learned Standing Counsel for Central Government, for respondent Nos. 1 and 2, learned Government Pleader for Home for respondent Nos.3 and 4 and Sri M.Saritha Rani, learned counsel for respondent No.5. Perused the record.
Learned counsel for petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this Court in W.P.No.24907 of 2025, dated 12.09.2025.
Learned Standing Counsel for the respondents submits that criminal case is pending against the petitioner vide C.C.No.2716 of 2022 before the II Additional Judicial Magistrate of First Class, Nellore.
Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.24907 of 2025, dated 12.09.2025, and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent No.2 to renew the passport to the petitioner on the following conditions:
The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.2716 of 2022, pending on the file of learned II Additional Judicial Magistrate of First Class, Nellore., stating that he shall not leave India during pendency of the said C.C., without permission of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said crime;
ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (2) weeks therefrom;
iii) The petitioner herein shall submit an application afresh along with the aforesaid undertaking before the Passport Officer / Authority concerned for renewing the passport;
iv) On filing such an application with the undertaking, the Passport Officer/ Authority shall consider the same afresh duly considering the contents of the undertaking given by the petitioner for renewal of the passport, in accordance with law, within three (03) weeks from the date of filing the said application along with the undertaking.
On renewal of the passport, the petitioner herein shall deposit the original renewal passport before the trial court in C.C.No.2716 of 2022. However, liberty is granted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same, in accordance with law.
Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.