A.Janaki Rama Reddy Vs The Union of India

The present Writ Petition has been filed seeking to declare the action of 2^nd respondent in not processing petitioner’s application in File No.VJ8075979866923, dated 17.11.2023, for renewal of passport on the ground of pendency of a criminal case.

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Case of the petitioner is that he possessed Passport No.L81982828 issued by the Passport Officer, Hyderabad on 01.04.2014, which is valid up to 31.03.2024. His son is working as Software Engineer in United Kingdom. He applied for renewal of his passport on 17.11.2023 under File No.VJ8075979866923 before 2^nd respondent. On 26.02.2024, petitioner received a show cause notice from 2^nd respondent intimating him that on police verification it was found that he was involved in a criminal case and directed him to submit his explanation with required documents within 30 days. On submitting his explanation, 2^nd respondent issued a letter dated 29.08.2024 directing the petitioner to obtain NOC/permission to travel abroad from the Court, where the criminal case is pending. When the petitioner filed Crl.MP (CF) No.3526 of 2024 before the jurisdictional Court seeking NOC, the same was returned on the ground of non mentioning of correct provision. Hence, he filed the present Writ Petition.

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Learned counsel for the petitioner submits that mere pendency of a criminal case is no ground to deny the renewal of passport.

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On the other hand, learned counsel appearing on behalf of the respondents submits that the petitioner filed his application for renewal of passport by suppressing the fact that a criminal case is pending against him. He submits that a case in Crime No.273 of 2021 of GD Nellore Police Station, was registered against the petitioner and others for the offences punishable under Sections

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323, 448, 506, 420 read with 34 IPC and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015. After investigation, the police filed charge sheet for the offences punishable under Sections 323, 447, 427, 506 read with 34 IPC and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 and the same was taken on file as Spl.SC No.09 of 2022 on the file of the learned I Additional District and Sessions Judge, Chittoor. He further submits that since the Court has taken cognizance of the aforesaid offences, petitioner has to approach the competent Court for necessary orders. In support of his contention, he placed reliance on the decision of the Division Bench of this Court in Writ Appeal No.704 of 2024, dated 18.09.2024, wherein it was held that the appellant therein would have to approach the Court in which the appellant is facing trial for appropriate orders in terms of GSR No.570(E), dated 25.08.1993, issued by the Central Government.

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5. Heard. Perused the record.

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A perusal of the material on record goes to show that a criminal case is pending against the petitioner herein and the Court has taken cognizance of the aforesaid offences. As the Court has taken cognizance of the aforesaid offences and in view of the principle laid down by the Division Bench of this Court in Writ Appeal No.704 of 2024, dated 18.09.2024, petitioner has to approach the Court in which he is facing trial for appropriate orders.

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Accordingly, the Writ Petition is disposed of permitting the petitioner to make appropriate application before the jurisdictional Court for appropriate orders and, on filing such application, the jurisdictional Court is directed to dispose of the same, in accordance with law, within a period of four (4) weeks therefrom. There shall be no order as to costs.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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________________________ K. SREENIVASA REDDY, J.

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Date:11.02.2026 Nsr

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY