Disposed

Aluri Veeranga Govinda Rao, v. Union of India

Andhra Pradesh HC14 Aug 2023WP/20675/2023

Case brief

AI extract

What is this about?

Petitioner approached High Court seeking writ for renewal of passport denied due to pending criminal cases. Court held pending cases require judicial approval for travel. Petitioner directed to approach criminal court for necessary applications.

What did the court decide?

Writ petition disposed of directing petitioner to approach learned III ACMM, Gajuwaka for applications in pending cases.

Aluri Veeranga Govinda Rao, Vs Union… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.20675 OF 2023

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Between:

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Aluri Veeranga Govinda Rao, S/o. Naga Bhushanam, Hindu, Aged about 67 years, R/o. D.No.49-54-7/16, Balayya Sastry Layout, Seethammadhara, Visakhapatnam Urban, Visakhapatnam Town and District.

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… Petitioner

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Versus

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Union of India, Rep. by its Secretary, Ministry of External Affairs, Government of India, New Delhi and four others.

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… Respondents

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Counsel for the petitioner : Sri Thota Manikanta Counsel for the respondents : GP for Home

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ORDER

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The present writ petition is filed under Article 226 of the

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Constitution of India seeking the following relief:

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“… to an appropriate Writ or Order or direction more particularly one in the nature of Writ of Mandamus declaring the action things and deeds of Respondents in not Reissuing/Renewing the Petitioner’s Passport No.K 3772171 issued on 31.05.2012 to enable him to travel United States of America to visit his two daughters, which is illegal, irregular, arbitrary, un-conational, against to the Principles of Natural Justice and in violation of Articles 14, 19 and 21 of Constitution of India, consequently direct the Respondents to Re-issue/Renew the Petitioner’s Passport

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SRS, J W.P.No.20675 of 2023

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No.K 3772171 for further period of 10 years and pass such other or further orders..”

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In the affidavit it was contended, inter-alia , that petitioner

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is permanent resident of Visakhapatnam Urban. He was having passport vide No.K 3772171 issued on 31.05.2012, by the Ministry of External Affairs. The said passport is valid up to 30.05.2022. Before expiry of the passport, petitioner made application for re-issue/renewal through application ARN: 211003958111 dated 13.10.2021. The 3^rd respondent sent letter dated 06.01.2022, requesting the petitioner to visit their office in person to provide information. Petitioner appeared before the 3^rd respondent and informed the Officer about the pendency of 3 F.I.Rs. However, since the passport was neither reissued/renewed, the above writ petition is filed.

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Heard Sri Thota Manikanta, learned counsel for the petitioner and Sri N.Harinath, learned Deputy Solicitor General appearing for respondent Nos.1 & 3 and learned Assistant Government Pleader for Home appearing for respondent Nos.2, 4 and 5.

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Learned Assistant Government Pleader for Home, on instructions, would submit that two criminal cases i.e.

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SRS, J W.P.No.20675 of 2023

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C.C.No. 135 of 2023 on the file of the III Additional Chief Metropolitan Magistrate (for short ACMM), Gajuwaka, Visakhapatnam for the offences under sections 419, 420 read with 34 of Indian Penal Code (for short IPC) and section 3 and 4 of Andhra Pradesh Land Grabbing Act of Gajuwaka Police Station, Visakhapatnam 2) C.C.No. 678 of 2022 on the file of the III ACMM, Gajuwaka, Visakhapatnam for the offences under section 182, 468, 471, 420 of Indian Penal Code of Gajuwaka Police Station, Visakhapatnam are pending.

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Learned Deputy Solicitor General would submit that as per Section 6 (2) (f) of the Passport Act, 1967 the Passport Authority shall refuse to issue passport of travel document for visiting any foreign country in case if any criminal cases are pending before the Criminal Court of India. He would also submit that Ministry of External Affairs issued G.S.R. 570(E) dated 25.08.1993, in Gazette of India Extraordinary Part II dated 25.08.1993. As per the said G.S.R, petitioner has to approach the Criminal Court before which the case is pending and if the Court permits the petitioner to depart from India and passes any order, it will be considered notwithstanding Section 6 (2) (f) of the Passports Act, 1967.

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SRS, J W.P.No.20675 of 2023

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Learned Assistant Government Pleader for Home would submit that Cr.No.684 of 2019 on the file of the Police Station, Gajuwaka for the offences 447, 427, 419, 420, 468, 471 read with section 34 of IPC dated 02.12.2019, is pending against the petitioner. Learned Deputy Solicitor General would submit that unless the Criminal Court takes cognizance on criminal case, pendency of crime is not a ground to either refusal or renewal of the passport.

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As seen from the instructions, admittedly, CC.No.135 of 2023 and CC.No.678 of 2022 are pending against the petitioner on the file of the III ACMM, Gajuwaka, Visakhapatnam. In view of the same, the Writ Petition is disposed of directing the petitioner to approach the learned III ACMM, Gajuwaka, Visakhapatnam and make appropriate applications in the pending cases. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

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________________________________ JUSTICE SUBBA REDDY SATTI

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Date: 14.08.2023 KAS

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SRS, J W.P.No.20675 of 2023

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.20675 OF 2023

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Date: 14.08.2023 KAS

Aluri Veeranga Govinda Rao, v. Union of India

Case brief

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Aluri Veeranga Govinda Rao, v. Union of India

Case brief

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