Tank Anil vs Union Of India And 2 Others

Heard Sri K. Venumadhav, learned counsel for the petitioner, Sri N. Rajeshwar Rao, learned Assistant Solicitor General, appearing for respondent Nos.1 and 2, and Government Pleader for Home appearing for respondent No.3. With their consent, this writ petition is disposed of at the stage of admission.

The petitioner claims to be aspiring to contest in 54th Asian Body Building and Physique Sports Championships - 2022, Maldives, which is scheduled to be held from 15.07.2022 to 21.07.2022. In the said process, the petitioner is required to undergo selection process on 21st and 22nd of May, 2022, and he is required to produce his passport to enable him to get selected as a participant for the said Championship. For the said purpose, the petitioner submitted an application for issuance of passport on 13.05.2022 to respondent No.2 and the said application is pending for want of clearance from the police department.

Learned counsel for the petitioner submitted that the clearance is pending on the ground that a criminal case in C.C.No.190 of 2017 under Sections 324 and 506 r/w 34 of I.P.C., is pending on the file of IV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, against the petitioner, and the petitioner herein is said to have been arrayed as accused No.2 in the said case. He further submitted that as the said criminal case is not likely to be disposed of in the near future and there is no sufficient time available to petitioner, this writ petition is moved by way of house motion.

When the matter is taken up for consideration, Sri N. Rajeshwar Rao, learned Assistant Solicitor General, fairly submitted that as a special case, the case of the petitioner may be considered and respondent No.2 may be directed to issue passport without reference to the pendency of criminal case in C.C.No.190 of 2017 without claiming any clearance from the police department and further submitted that as soon as the petitioner appears in the Championship, which is scheduled to take place from 15.07.2022 to 21.07.2022 and comes back to India, he may be directed to surrender the passport before the IV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, in connection with C.C.No.190 of 2017.

Taking into consideration the rival submissions made by both parties, the writ petition is disposed of directing respondent No.2 to consider the application bearing No.HY1064211885522 submitted by the petitioner through online, dated 13.05.2022, without reference to the clearance from the police department or permission from the Court of IV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, and issue forthwith the passport to the petitioner.

Miscellaneous Applications, if any, pending in this writ petition shall stand closed.