Afzal Hashmi Syed v. 1. The Union of lndia

Additionat Judicial First Class Magistrate at Rajendranagar Court Complex under section 3,4,5 and 6 of Prevention of lmmoral Traffic Act, 1956, as illegal arbitrary unconstitutional, in violation of principles of natural justice and contrary to the provisions o1' The Passport Act, 1967 and consequently direct the 2nd respondent to re-is;sue the passport to the petitioner pursuant to the file Application .No. HY11077041759524, Dt.21-1O-2O24 vide letter dt.4-12-2024 and 9-12-2024 without reference to the said criminal case. |.A.NO:I OF 2024 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider the petitioners vide Application file No. HY2O77041759524, Dt.21-10-2024 for reissuance of passport to the petitioner without reference to the criminal case in C.C.No. 244 of 2016 on the file of the Principal Junior Civ I Judge-cum-Xl Additional Judicial First Class Magistrate al Rajendranagar Court Complex under section 3,4,5 and 6 of Prevention of lmmoral Trafflc Act 1956, pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner : SRI RAVINDER REDDY MUPPU Counsel for the Respondents : SMT N.V.R.RAJYA LAKSHMI The Court made the following ORDER n HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No.365O3 of 2024 ORDER: This Writ Petition is filed seeking the following relief:- to issue a Wit order or Direction more particularly one tn the nature of Wit of Mandamus declaing action of the 2nd respondent in not reissuing the passport to the the file Application petitioner pursuant to No.HY2O77041759524, Dt.21.10.2024 uide letter dt.21.1o.2024 on the ground of pending ciminal case uide C.C.No.244 of 2016 on the file of the Pincipal Junior Ciuil Judge-atm-Xl Additional Judicial First Class Magistrate at Rajendranagar Court Complex under sections 3, 4, 5 and 6 of Preuention of Immoral Tralfic Act, 1956 as illegal, arbitrory, unconstitutional, in uiolation of pinciples of natural justice and contrary to the prouisions of The Passport Act 1967 and consequentlg direct the 2nd respondent to rei.ssue the passport to the petitioner pursuant to the file Application NI.HY2077041759524, DI.21.1O.2O24 uide letter dt.4.12.2024 and 9.12.2024 tuithout reference to the said ciminal case."

2. Heard Mr.M.Ravinder Reddy, learned counsel for the petitioner and Smt.N.V.R.Rajya Lakshmi, learned counsel for respondent Nos. 1 a;rd 2.

3. Inspite of service of notice, respondent No.3 has not chosen to enter appearance.

4. Learned counsel for the petitioner submitted that respondent No.2 has issued passport to the petitioner on

09.03.2015, vide passport bearing No.M6841603 and the c same is valid upto 08.O3.2025. In the meanwhile, petitioner has submitted application o11 2l.lt).2024, requesting respondent No.2 to reissue the passport, on the ground that earlier paSsport was stolen way by the respondent No.3, who is none other than wife of pel.itioner, due to matrimonial disputes. He further submitted that at that juncture, the petitioner has lodged private cornplaint against respondent No.3 ald others, before Rajendranagar Police Station and the same was registered as Crime No.57 of 2016 and the Investigating Authorities aJter conducting investigatiorL filed charge sheet and the sarne was numbered as C.C.No.244 of 2016, on the file of the learned Principal .Itrnior Civil Judge-cum-Xl Additional ..ludicial First Class Magistrate at Rajendralagar-. He further submitted that in the said C.C., respondent No.3, vrho was accused in O.C.No.151 of 2025, specifically stated that she has destmcted all the documents and the sante was brought to the notice of respondent No.2. Inspite of the sarne, respcndent No.2 has not issued passport on the ground of pendency of criminal case in C.C.No. 151 of 2025, on thr-' file of XI Additional Metropolitan Magistrate, Cyberabad at Rajendralagar ald mere pendency of the criminal case is not a ground for rejection of the application submitted by the petitioner and the same ls contrar5r to the Passports Act, 1967. Learned counsel further submits that in similar circumstances, this Court disposed of the writ petition vide W.P.No. 10462 of 2023 on

18.O4.2023 with certain conditions

5. Per contra, learned counsel for respondents submitted that petitioner suppressed the factum of loss of passport in the hands of respondent No.3, including hling of criminal case by the petitioner against respondent No.3. She further submits that if the petitioner submits relevant documents including charge sheet in C.C.No.151 of 2025, respondent No.2 will consider the same in accordance with law.

6. By way of reply, learned counsel for the petitioner submitted that petitioner will submit a copy of the charge sheet in C.C.No.151 of 2025 in Crime No.429 of 2024, before respondent No.2 and respondent No.2 may be 4 directed to consider the application submitted by the petitioner dated 2l .IO.2024 . 7 . Having considered the rival submissions made by the respectir,e parties and aJter perusal of the rnaterial available on record, it reveais that petitioner has submitted application on 21.IO.2024, before respondent No.2, requesting him to reissue passport. Pursuant to the same, respondent No.2 issued impugned letter dated 09.12.2024, directing the petitioner to submit explalation about pendencv of criminal case in Crime No.57 of 2016 tn C.C.No.24.1 of 2076. The recoi'd further discloses that the petitioner has not stated in the affidavit about ioss of passport 1n the hands of respondent No.3, including perrdencl' of criminal case in Crime No.429 of 2024 against respondenl \o.3.

8. Takirrg, into consideration of the facts and circumstalces of the case and submissions made by the respective 1>arties, this Court deems it appropriate to dispose of the writ petition, by permitting the petitioner to submit a copy of C.C.No.1S1 of 2O2S in Crime No,429 of 5 2024 before respondent No.2 and on submission of the said documents, respondent No.2 is directed to consider the application submitted by the petitioner, dated

21.1O.2024 with the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.151 of 2025, on the file of the learned XI Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, stating that he shall not leave India during pendency of the said crime without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings. ii) On filing such an undertaking as well as a-fhdavit, the trial Court shall issue a certified copy of the same within two (02) weeks there from; iii) The petitioner herein shall submit certified copy of this order as well as the aforesaid undertaking before the Passport Officer/ Authority concerned for issuance of passport; iv) The Passport Officer/Authority shall consider the said application in the light of the observations made by this Court herein as well I I , 6 ( r1-' as tllo contents of the undertaking given by the petiti<;ner for issuance of passport in accor(larlce with law, within two (03) weeks from t-he date of said application; r,) On issuance of the Passport, the petitioner hereirr shall deposit the original Passport before: the trial Court in C.C.No.l5l of 2O2:y vi) However, liberty is granted to the petitioner hereirt to file an application before thr: learned Magistrate seeking permission t() trav,:l abroad, and it is for the learned Magistrate 1.o consider the same in accordalce with law. 9 . With the above observations, the Writ Petition is disposed of. No costs Pending miscellaneous applications, if any. sha_tl stand closed. //TRUE COPY' SD/.MOHD. ISMAIL ASRI1TANT REGISTRAR \ ")tv.ts.io* orricen- To 1 ThePrincipalsecretary,Unionoflndia,lVinistryofExternalAffairs'South Block, Secretariat, Raisina Hill, New Delhi, lndia' ihe Regional Passport Officer, O/o. The Regional Passport Office' HVJet 6aA, O.tlo. A-Z-Zt S to 219, Kummarguda, Secunderabad -500 003- Telangana. one cc to sRl RAVINDER REDDY MUPPU, Advocate [OPUC] One CC to SIVIT N.V.R.RAJYA LAKSHMI, Advocate ICPUCI Two CD Co pl€rS 2 3 4 5 SA GJP HIGH COURT DATE'D:2710212025 C.C.TODAY ORDER WP.No.36503 of 2024 E grAf €' 1 t{ q ) o [ 4 iil'i 2[6 o * /)1 , 11 1,- 1 r,6i .-. * DISPOSING OF THE W.P WITHOUT COSTS. W