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2022 DIGILAW 196 (TS)

Mohammed Amjad Khan v. Union of India

2022-03-11

SHAMEEM AKTHER

body2022
ORDER : This Writ Petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the respondents in holding the petitioner file No.HY3073785165921 and not renewing the passport of the petitioner, as illegal and arbitrary and consequently, to direct the respondents to issue passport to the petitioner. 2. Heard the learned counsel for both sides and perused the record. 3. Learned counsel for the petitioner would submit that the petitioner is holding an Indian Travel Passport bearing No.H1869293 and the same had expired on 19.11.2018. On 08.12.2021, the petitioner made an online application seeking renewal of his passport, so as to go to USA for higher education. There are three cases registered against the petitioner vide C.C.Nos.738 of 2017, 3127 of 2018 and 1929 of 2019 on the file of VIII Additional Metropolitan Magistrate, Cyberabad, Kukatpally. The petitioner was acquitted in C.C.No.738 of 2017 and the other two cases are pending adjudication, which are filed by the Chief Executive Officer, Telangana Waqf Board. On 10.01.2022, the petitioner approached the Regional Passport Officer, Hyderabad, and the passport authorities have issued a Token for Public Enquiry endorsing as “Grant on hold. Send to PBO. Case pending legal”. The passport of the petitioner has not been renewed on the ground that criminal cases are pending against him. Pendency of the said C.Cs. is not an impediment to renew the passport of the petitioner and ultimately, sought to direct respondent No.2 to renew the passport of the petitioner. 4. As seen from the material placed on record, the petitioner made an online application on 08.12.2021 seeking renewal of his passport. In view of the pendency of the aforesaid C.Cs., the passport of the petitioner is not renewed. 5. Here, it is apt to state that in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation, Order dated 27.09.2021 passed in I.A.No.52346/2021 in Crl.A.No.1343/2017 by the Hon’ble Apex Court, the Honourable Apex Court considering the provisions under Section 6(2) of the Passports Act, 1967, held that even pendency of a Criminal Appeal is not a bar to renew the passport. 6. In the given facts and circumstances of the case, the passport of the petitioner bearing No.H1869293 is required to be renewed. 7. 6. In the given facts and circumstances of the case, the passport of the petitioner bearing No.H1869293 is required to be renewed. 7. Under these circumstances, the respondent No.2 is directed to renew the passport of the petitioner bearing No.H1869293 forthwith, subject to fulfilling the required conditions, ignoring the pendency of C.C.Nos.3127 of 2018 and 1929 of 2019 on the file of learned VIII Additional Metropolitan Magistrate, Cyberabad, Kukatpally. 8. With the above direction, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No order as to costs.