Depavath Ravi vs Union Of India And Another

This Writ Petition is filed to declare the action of respondent No.2 in declining to renew the passport of the petitioner bearing No.K8560828 pursuant to his application No.HY1074073863722, dated 24.03.2022 as illegal and for a con consequential direction to respondent No.2 to renew the said passport.

Heard Mr. Md. Nawaz Hyder Ali, learned counsel for the petitioner, Mrs. B. Kavitha Yadav, learned Central Government Counsel appearing on behalf of the respondents.

Perusal of the record would reveal that the petitioner herein involved in three crimes viz., Crime No.871 of 2018 of Saroornagar Police Station registered for the offence under Section - 420 of IPC; Crime No.82 of 2019 of the very same Police Station registered for the very same offence; and Crime No.82 of 2020 of Neredugommu Police Station registered for the very same offence. Thereafter, the police, Saroornagr have filed a common charge sheet against the petitioner in both the crime Nos.871 of 2018 and 82 of 2019 and the same was taken on file vide C.C. No.2726 of 2020 pending on the file of Special Judicial Magistrate of First Class (Excise), Ranga Reddy District at L.B. Nagar. Even in Crime No.82 of 2020, the police, Neredugommu also filed charge sheet and the same was taken on file vide C.C. No.1296 of 2021 pending on the file of Judicial Magistrate of First Class at Devarkonda. Both the said cases are pending.

The petitioner herein is holder of Passport bearing No. K8560828 and the same is valid up to 11.11.2022. He had submitted an application for renewal of the said passport in advance vide application No.HY1074073863722, dated 24.03.2022 by applying requisite fee of Rs.1,500/-. Respondent No.2 is not renewing his passport on account of pendency of the aforesaid criminal cases. In the complaint registered vide Crime No.82 of 2019 the complainant stated that while he was working as a delivery boy in Zomato, he saw an advertisement in the Internet on the name of Next Peg Wine Company for delivery boys. On 30.11.2018, he went to the said company office at DCB Bank, Kamalanagar, Dilsukhnagar, where many persons were waiting there and in the meantime, the proprietor, Mr. Ravi, Lakpathi and HR Manager Vivek were conducting an interview to the complainant and the Accountant Naresh had taken an amount of Rs.2,500/- from the complainant. After two days, the complainant therein went to the said office where he came to know that the said Company is a bogus one and they cheated him by taking the money. Hence, the complainant lodged the said complaint. Crime No.871 of 2018 was also registered in the same context and, therefore, both the crimes were clubbed and filed a common charge sheet. Crime No.82 of 2020 of Neredgommun Police Station was registered in relation of cheating by the petitioner to the complainant therein with regard to the land.

Now, the petitioner herein contends that he was falsely implicated in the aforesaid crime. Further, he is a frequent business traveler and works as trade consultant for many Indian Companies. On account of non-renewal of his passport, his business activities will be hampered. The aforesaid crimes were registered for the offence under Section - 420 of IPC only. Mere pendency of criminal cases is no ground to decline renewal of his passport. Further, he is also ready to co-operate with the trial. Therefore, he sought to issue necessary directions to respondent No.2 for consideration of his application to renew his passport.

As discussed above, there are criminal cases pending against the petitioner. The aforesaid passport of the petitioner is valid up to 11.11.2022. He had submitted an application on 24.02.2022 for renewal of his passport. Respondent No.2 is not considering the application for renewal on the ground of pendency of the aforesaid criminal cases. On the ground of pendency of the proceedings in the criminal cases, respondent No.2 cannot deny renewal of passport of the petitioner.

In view of the aforesaid discussion, this writ petition is disposed of directing the respondents to consider the application dated 24.03.2022 submitted by the petitioner seeking renewal of his passport on the following conditions:-

i) The petitioner herein shall submit an undertaking along with an affidavit before the learned Special Judicial Magistrate of First Class (Excise), Ranga Reddy District at L.B. Nagar in C.C.No.2726 of 2020 and also in C.C. No.1296 of 2021 pending on the file of Judicial Magistrate of First Class at Devarkonda stating that he shall not leave India during pendency of the said C.Cs. without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings in the said C.Cs.

ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks therefrom;

iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer/ Authority concerned for renewal of his passport;

iv) On filing such an application, the Passport Officer/Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewal of his passport in accordance with law, within three (03) weeks from the date of said application; and

v) On renewal of the Passport, the petitioner herein shall deposit the original renewed passport before the trial Court in C.C.No.2726 of 2020.

However, in the circumstances of the case, there shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.