Appanapally Anjaneyulu v. The Union Of India,

HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.25202 of 2019 ORDER:

As the petitioner was involved in Cr.No.11/2017 under Sections 419, 420, 468, 471 & 120-B IPC of Thoguta Police Station of Siddipet District, his passport application in file No.

HY1071411843518 dated 08.08.2018, was not considered for renewal and asked for his explanation under the impugned order of the 2nd respondent - Regional Passport Officer. Heard the learned counsel for the petitioner and Sri N. Rajeswara Rao, learned Assistant Solicitor General for the respondents.

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 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. Learned counsel for the petitioner also produced Circular No.V.I/401/1/3/2014 dated 21.08.2014, 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).

In view of the above, it is open for the petitioner to approach the Court, where the criminal case is pending against him, seeking permission to depart from India and based on the same, the 2nd respondent shall consider the application of the petitioner for issuance of passport in accordance with law.

With the above observation, this Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any, shall stand closed. _____________________________ A. RAJASHEKER REDDY, J Date: 15.11.2019 ska