Disposed

Naresh Gandhari v. The Union of India

Telangana HC13 Sept 2024WP/25411/2024

Case brief

AI extract

What is this about?

Petitioner sought issuance of passport despite refusal due to pending criminal case for dowry offences. Court held pendency of criminal case is not grounds for refusal and directed Passport Officer to issue passport subject to undertaking not to travel abroad without court permission.

What did the court decide?

Writ petition allowed. Petitioner directed to submit undertaking not to leave India without court permission; Passport Officer directed to issue passport within two weeks of submission of undertaking.

Naresh Gandhari Vs The Union of India — Dowry and Cruelty | Telangana HC (2024)

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t^32e6I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION NO: 25411 OF 2024

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Between:

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Naresh Gandhari, S/o. Satyam Gandhari, Aged about^{41 Years, Occ.Self} Employee, Rio. H. No. 2-77, Kusumanchi,^{Khammam ,'.,t,",.} ..."=ITlONffi

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AND

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The Union of lndia, External^{Affairs Department(Passport), Represented by} Under Secretary to Government of^{lndia, Ministryof ExternalAffairs, l'lew} Delhi.

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The Regional Passport Office,^{Represented by its Regional-Passportffitcer,} Office at D.No.B-2-215 to 219, Kummarguda,^{At Secunderabad, Telangana} state'

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...RESP.NDENTS

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Petition under Article 226 of the^{Constitution of lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith, the High Court may be} pleased to issue writ of Mandamus or any other^{proper writ or other orderor} direction declaring that the^act of^{2nd Respondent in not consideringfresh} application of the Passport^{Vide fileNo HY75C5058493323, daled.2310812023on} the guise of^pendency of C.C^{No. 161 of 2023for offences under section498-4 of} lPC, Sec. 3 and 4 of DP^{Act pending before the Honourable2 AdditionalJunior} Civil Judge At Kodada, is^{illegal. arbitrary, unjustandcontraryto law andalso} violating the rights envisaged^{under Article 14, 19, and 21 of the lndian} constitution and consequently^{therebydirecting the 2nd respondentto issues} fresh passport to the^{petitaonerVide file No.HY75C5058493323, dated'} 23t0812023.

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lA NO: 1 OF m24

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Petition under Section^{15'l CPC prayingthat in the circumstances statedin} the affidavit filed in support^{of the petilion, the High court may be pleased to direct}

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the 2nd Respondent to issue the passport of the petitioner application Vide file No. HY75C5058 493323, dated. 2310812023 pending d isposa l of writ^petition.

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Counsel for the Petitioner: SRI KODI SATYANARAYANA Counsel for the Respondents: SRI R.SRI BALA, SC FOR CENTRAL GOVT.

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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WRIT PETITION No.25411 of 2024

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ORDER:

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This Writ Petition is filed praying this Court to declare the action oi respondent No.2 in not considering the application No.HY75C5058493323, dated 22.06.2023 submitted by the petitioner seeking for issuance of passport on the ground of pendency of a criminal case as illegal and arbitrary.

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It is the case of petitioner that he made an online application No.HY75C5058493323, dated 22.06.2023 before respondent No.2 seeking for issuance of passport. The grievance of the petitioner in this rvrit petition is that even after receiving the said application, instead of considering the said application issued a Letter Ref.No.SCN/3 t5591O69 / 23, dated 23.08.2023 and informed to the peritioner that an adverse police verification report was received against the petitioner about his involvement in C.C.No. 16l of 2023 on the file of the II Additional Junior Civil Judge, Kodada, registered for the offences punishable under Section 498-A of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act, 196 I

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CVBR, ] W^p _25411_2024

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karned counsel appearing for the petitioner has vehemently contended that the issue raised in this writ petition is no longer res integra in view of the order, daLed 14.03.2024 passed by this Court in W.p.No.2802 of 2024, wherein rhis Court, relying upon the guidelines issued by the Hon,ble Apex Court as well as this Court in various judgments, u,here the passports are pending on the ground of registration of criminal cases, held that pendency of criminal cases is not a ground to refuse the passport.

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Ms.R.Sri BaIa, learned Standing Counsel appearing for the respondents has not disputed the said fact and stated that the present case is covered by the orders passed b-t. this Court in W.P.No.28O2 of 2024.

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In view ol the above said submissions, this Court deems it appropriate to dispose of the writ petition in terms of the order passed by this Court in W.P.No.28O2 of 2024, dated 14.03.2024 and the respondents are directed to consider the petitioner,s application No.HY75C5058493323, dated 22.06 )O23 bv lollowi::-*.,s the procedure contemplated under Section 6 (2) (fl of

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CVBR, J w^p _254rL_2O24

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f t

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the Passports Act, L967 and the Rules made thereunder,

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subject to the following conditions:-

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Tle petitioner shall submit an undertaking, along with an alfidavit in C.C.No.16l of 2023 on the file of the II Additional Junior Civil Judge, Kodada stating that he will not leave India during^pendency of the said case without permission of the Court and that he will cooperate with the trial Court in concluding the proceedings in the said case.

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On filing of such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same to the petitioner within a period of trvo⁽⁰²⁾ weeks therefrom.

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The petitioner sha-ll submit certified copy of the aforesaid undertaking before the Passport Olficer for issuance of his passport and the Passport Officer shall consider the application No. HY75C5058493323, dated 22.06.2O23 su bm itted by the petitioner in accordance with lar.r', within tw'o⁽⁰²⁾ weeks from the date of submission of such undertaking.

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On issuance of passport, the petitioner shall deposit the same before the trial Court in C.C.No. 161 of

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CVBR, J wp_25477_2024

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2023 on the file of the II Additional Junior Civil Judge, Kodada. However, liberty is granted to the petitioner to file an application before the trial Court seeking permission to travel abroad ald it is for the trial Court to consider the same in accordalce with law.

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Accordingly, this Writ Petition is disposed of. There shall

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be no order as to costs.

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As a sequel thereto, miscellaneous petitions, if an1., pending shall stand closed.

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BHA REDOY SD'.P.^PADMANA ISTRA^R ASSISTANT

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/ITRUE^COPY" SECTION^OFFICER

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To 1 rril2 3 4 *i',t;gfsu[ffi^{sffi;tffimffi} 5 Two CD^CoPies PSK, l_s \Y

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HIGH COURT

DATED:1310912024

ORDER

WP.No.2S411 ot 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Naresh Gandhari v. The Union of India

Case brief

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Naresh Gandhari v. The Union of India

Case brief

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