NUSUMU VENKATA RAMBABU Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India questioning the action of respondents, especially the 3rd respondent, in issuing impugned letters in 1) Ref.No.SCN318050443/24 dtd. 24/5/2024 and 2) Ref.No.SCN/317809475/24 dtd. 1/5/2024 in connection with the file numbers 1) VS1076408509324 and 2) VS1076408648724 respectively for re-issuing passports to the petitioners in the place of Passports bearing No.Z2959951 issued on 1/10/2014 which is valid till 30/9/2024 and Z2698378 on 30/4/2014 which is valid till 29/4/2024 respectively, on the ground that the police verification report is adverse and to declare the same as illegal and also in violation of Sec. 6(2)(f) of the Passport Act, 1967 and consequently, to direct the 3rd respondent to issue Passport to the petitioners in the interest of justice.

(2.) The petitioners are permanent residents of Kakinada, East Godavari District, and have been doing Crude Oil Business for the last two decades and established a limited liability firm under the name and style of 'NBR Exports and Imports LPP', having registered office at D.No.1/23/35/10A, Ayodhya Nagar, Ward No.9, Diary Firm Centre, Kakinada, East Godavari District. One Smt. Gudiwada Sailaja, resident of Hyderabad, joined the firm as a partner with 23% shares and entered into a Partnership Deed in the month of July 2018. As per the Partnership Deed, every partner receives monthly salary of Rs.1,00,000.00. On 12/2/2020, Smt. Gudiwada Sailaja has lodged a complaint with the 5th respondent and it is registered as Crime No.11 of 2020 on the file of the Station House Officer, C.I.D. Police Station, Amaravathi at Mangalagiri for the offences punishable under Ss. 420, 406, 120-B read with 34 of IPC.

(3.) The 5th respondent has served a notice to the petitioners under Sec. 41-A of Cr.P.C., for which the petitioners submitted their explanation through WhatsApp on 12/10/2021 and personally appeared before the 6th respondent and gave their explanation. Thereafter, the 6th respondent issued a Look Out Circular (LOC). As such, the petitioners have approached this Court and filed Crl.P.No.7085 of 2022 seeking to quash the proceedings in Crime No.11 of 2020. On 8/9/2022, this Court has granted an interim stay of all further proceedings in Crime No.11 of 2020 for a period of eight weeks, thereafter, it was extended from time to time.