Mr. Sangoju Harish Kumar v. The Union Of India And Another

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.22806 OF 2019 ORDER:

This writ petition is filed with the following prayer: ".....to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 2nd respondent in not issuing the passport to the petitioner applied vide application No.HYG062438298319, dated 16-09-2019, (application reference No.19-1008727407, 16-09-2019) is illegal, arbitrary and violation of Article 14 and 21 of Constitution of India and consequently to direct the 2nd respondent for issuance of passport vide application No.HYG062438298319, dated 16-09-2019 forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." It is the case of petitioner that he applied for issuance of passport vide No.

HYG062438298319, dated 16-09-2019 before the 2nd respondent, the 2nd respondent informed him that in police verification it is found that there are criminal cases pending against him viz., C.C.Nos 19 and 76 of 2017 on the file of XII Additional Chief Metropolitan Magistrate, Nampally. Hence, the 2nd respondent insisted to get an order of acquittal in the said cases for issuance of passport. Hence, he filed the present writ petition.

Learned counsel for the petitioner submits that in similar circumstances this Court disposed of WP.No.13620 of 2019, dated 05-07-2019.

Heard Sri B.Jithender, learned Standing Counsel for Central Government.

In view of the same, for the reasons alike in the said order, this writ petition is also disposed of. In view of Gazette Notification GSR 570E, dated 25.8.1993, liberty is given to the petitioner to make necessary application before the criminal Court, where the above criminal cases are pending and the said Court to consider the same and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within two weeks from the date of making such application, and based on such orders, petitioner may file fresh application seeking passport, which shall be considered in accordance with law. Pending miscellaneous applications if any shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 25-10-2019 Nvl