✦ High Court of India · 08 Apr 2025

The High Court · 2025

Case Details High Court of India · 08 Apr 2025
Court
High Court of India
Decided
08 Apr 2025
Bench
Not available
Length
1,136 words

the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned show cause notice dt. 04.02.2025 ir;sued. by the Respondent No 3 to the Petitioner, pending disposal of the Writ Pei tion. Counsel for the Petitioner: SRI K. S. SUNEEL Counsel forthe Respondents: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA Msr. N.V.R. RAJYA LAKSHMI, STANDING COUNSEL The Court made the following: ORDER €= HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR VWilT PETITION No.9291 of 2025 ORDER: Heard learned counsel for the petitioner and Ms.N.V.R.Rajya Lakshmi, learned standing counsel appearing on behalf of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself. 2 This writ petition is filed seeking the following prayer:- "to declare the action of Respondent No.3 in issuing the impugned shout cause notice dt 04.02.2025 as illegnl, arbitrary, aiolatioe of the principLes of the naturol justicc, tgainst the settled principles of lazo and also uiolatit e of Articles '14, 19 and 2l of the Constitution of lndia the Passport Act, 196/ and ansequently suspend the impugned shoto cause notice dt 04.02.2025 issued by the Respondent No.3 to the Petitioner."

3. Brief facts in this writ petition are that the petitioner on expiry of his Passport bearing No.24"196049, applied for rcissue of passport and new passport bearing No.25438381 was issued on 26.09.2024. Thereafter, respondent No.3 issued show cause notice bearing No.Duba/Cons/a05/ 05/2025 dated 04.02.2025, stating that as per police verification report petitioner is invoived in Cr.No.861/2018 U/5ec.406,420, 354- A, 354-D, 506 IPC-Gachibowli Ps and Cr. No.33/ 2021 IJ / Slec. 406, 420 r / w 34 IPC-CCS. In the said show cause notice, it is further stated that the addresS mentioned in the passport application is fake and in view of the suppression of material information and on basis of wrong information, the petitio_ner was directed to submit explanation within a period of 10 days, ..,& ii2ii whv his plssp,rrt should not be impounded/revoked lhereafter, the petitioner on 06.{)2.2025 submitted a detailed explanation and the same is still pending fol corsideration. Aggrieved by the same, this'n'rit pr:tition is filed.

4. Learned standing counsel appearing for respondents pl;'ced on record instructior-rs issued by respondent No.2, relevant portion is extracted hcreunder':- "Tlu petitimer applied t'or reisate of ptssport at consulate Gtt'eraL of lndia, Dubai aide fle No.UE2075354929724. A yusspo,i hearing No.Z-5438381 dnted 26.09.2024 uas ll epared sy6 11tl j;51tntched. This o.ffi* receiued a letter No.02/DCP/MZ/Pnssport/C.yt/2025 dntL:d 16.07.2025 t'rom Deputy Commissioner of Polrce, L4rlhnpur Zotrc, Cyb',.rnbnd requesting reoocation of passport of tlrc p,'titioner tttho ruas in FIR No.1782[2024 u/s 420 of IPC of PS, Cntliibozoli, Cyl'tt alta,l As mentionerl in the letter, belozu is Lhc list oi ''t imintL cnses in ttl,ich the petitioner is inuolzted: t) Cr.Nc.'167/2018 u/s 406, 420, 354-A, 354-D, 5A6 rcC' Gochiborl, , PS it) cr,No.33/2021 u/s 406,420 r/w 34 IPC-CCS llyderabnd .-;ty iii) Cr.No.l782/2024u/s 420, IPC- GachibozoLi PS io) O .No.tt/2025 u/s 420 IPC Saifabad PS and a) C.r.No -'826/2.024 u/s 336(3), i40(2) r/tu 3(5)BNS-Grt,:iLiborrli PS."

5. LealrLed standing counsel submits that earlier petitionr-'r' on 06.02.2025 submitted explanation with respect to Cr.No.861 of 2018 ancl ii3 of 2021 and since there are ,rther 3 pending crime numbers against thc' pctitioner i.e., Cr.Nos.1782, 18i26 of 2024, and 6 oI 2025 and if the petit oner submits explanation,/clarification with respect to the same; the respondr:nt authorities would consider the same and pass appropriate ordcrs in ac(rordance with law,. Y l l I I I I l ::3:: 6 At this stage, Iearned counsel for the petitioner submits that the petitioner is not aware of the Cr.No.17B2, 1826 of 2024, and 6 of 2028, however seeks permission of this Court to submit explanation with respect of the said crime numbers and pray this Court to direct the respondent authorities to consider the same and pass orders in a time bound period.

7. Recording the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of granting liberty to the petitioner to submit explanation in respect of the pending criminal cases against him, within a period of one (1) week from the date of receipt of copy of this order and thereafter it is open to the respondent authorities to dispose the pctitioner,s explanation and pass appropriate orders strictly in accordance with 1aw, as expeditiously as possible, preferably within a period of three (03) weeks and cornmunicate the same to the petitioner.

8. Accordingty, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. //TRUE COPYII SD/.P. PADMANABHA REDDY EPUTY REGI SECTION OFFICER IL""Y HJy. :1,5fi1?iSi,. flLt',io u n io n or r nd ia, Shastry Bhavan, Dr. Rajendra To, 1

2. The Regional passport Officer, Hyderabad. 3. The Consulate General of India, Dubai, United Arab Emirates. 4. One CC to SRI K. S. SUNEEL, Advocate [OPUC] 5 fldtir3? to sRl GADI PRAVEEN KUMAR, Deputy soticitor Generat of tndia

6. One CC to Ms. N.V.R. RAJYA LAKSHMT 7. Two CD Copies Standing Counsel tOpUCI MP E/ BS HIGH COURT DATED:0810412025 R " E,S,-4 o 7:i :) 2J APB zffi ((\' j ORDER WP.No.9291 of 2025 DISPOSING OF THE WRIT PETITION WITHOI.JT COSTS q ,fa "X{-

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