Allowed
Sri Karmughil Devaki Anbu James James v. Government of India
Telangana HCWP/19298/2019
Case brief
from the order text
What is this about?
A.RAJASHEKER REDDY WRIT PETITION No.19298 of…
What the court decided
AI extract
A.RAJASHEKER REDDY WRIT PETITION No.19298 of…
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HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.19298 of 2009
ORDER:
This writ petition is filed with the following prayer:
“to issue an appropriate writ or direction more particularly one in nature of WRIT OF MANDAMUS declaring the action of the 2nd & 3rd respondent in impounding the passport bearing No.Z3708083, dated 2207-2016 of the Petitioner vide proceeding No.HYD/30/POL/OPM/156/2018, dated 05-06-2018 as arbitrary illegal unjustified and in violation of principles of natural justice and also in violation of procedure laid down under The Pass Ports Act 1967 and consequently set aside the proceeding No HYD/30/POL/OPM/156-2018, dated 0506-2018 issued by the Respondent No.2 and pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
Sri Kalvala Sanjeev, learned Standing Counsel for Central Government submits that the Central Government has issued gazette notification dated 25-08-1993 that passport can be granted to the persons against whom crimes are registered, if they obtain permission from the concerned criminal Court and a copy of gazette notification is placed before this Court.
Learned counsel for the petitioner submits that petitioner will make necessary application before the concerned Court and liberty may be given to him to make application before the concerned Court.
In view of the facts and circumstances of the case, the writ petition is disposed of granting liberty to the petitioner to
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make application before the concerned Court, where criminal case is pending and on such application, the concerned Court is directed to dispose of the same and take action on the application of the petitioner in accordance with law within two weeks from the date of receipt of a copy of this order and basing on the said order, the passport-authorities to take further action for grant of passport.
As a sequel to the disposal of this petition,
miscellaneous petitions, if any, pending shall stand closed.
_________________________
A.RAJASHEKER REDDY,J
20-09-2019
Note:
Issue CC today.
B/o.
Nvl
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2 issues framed by the court
Whether liberty be granted to the petitioner to apply to the concerned Court for permission to obtain a passport.
Whether the Court can direct the concerned Court to dispose of the application within two weeks.
1 provisions across 1 enactments
Petitioner
Respondent No.2
A. RAJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court