Mohammad Minhazuddin v. The Union O India And 4 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 26227 of 2019 ORDER:

This Writ Petition is filed for the following relief: "....to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing a file closure letter Ref No. FCL/308250179/19 dated 09/02/2019 as illegal, arbitrary and violative of Article 21 of the Constitution of India and consequently, set aside the same and direct respondent Nos. 3 and 4 to accept my application vide File No. HY75C5040994118....." Ms.Roopa Singh, learned Standing Counsel for Central Government by placing before this Court the proceedings, dated 27.11.2019, submits that in the police verification, it was found that Crime No.25 of 2018 on the file of I Town Police Station, Nalgonda has been registered against the petitioner, as such, the passport was refused and as per the GSR 570 (E), dated 25.08.1993, the request of the petitioner for issuance of the passport to travel abroad can be considered only if he gets permission from the Court where the criminal case is pending .

The fact that the afore-stated Crime was registered against the petitioner is not in dispute. Hence, in view of GSR 570 (E), dated 25.08.1993, liberty is given to the petitioner to make necessary application before the criminal Court concerned, where the above referred case is pending, and the said Court shall 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, the petitioner may file fresh application seeking passport, which shall be considered in accordance with law.

With the above, the writ petition is disposed of. Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J Dt:02.12.2019 kdl