PASUPULETI CHINA CHENNAIAH Vs. UNION OF INDI

JUDGEMENT

(1.) Heard Sri N.Ashwani Kumar, learned counsel for the Writ Petitioner and Sri B.Somasekhar, learned Standing Counsel for respondent Nos.1 to 4 and learned Government Pleader for Home representing respondent Nos.5 and 6.

(2.) The Writ Petition is filed seeking to declare the Look- out Circular (LoC) vide Ref.No.2025/10031/002706 dtd. 17/4/2025 issued by respondent No.2 notifying the presence of Writ Petitioner as an accused, as illegal, arbitrary, violative of principles of natural justice and violative of Articles 14, 19 (1) (a), 19 (1) (g) and 21 of the Constitution of India and contrary to the Office Memorandum, dtd. 27/10/2010 issued by the Ministry of Home Affairs (Foreign Division) No.250163/31/2010-Imm, and declare the action of respondent No.4 in not renewing the Passport of the Writ Petitioner vide No.N5750211, as illegal, arbitrary and in violation of provisions of the Passports Act, 1967 (for brevity ,,the Act, 1967) and consequently, direct the respondent No.4 to renew the passport for a period of 10 (Ten) years in terms of the Passports Act, 1967.

(3.) Contents of the affidavit filed by the Writ Petitioner, in brief, are that the Writ Petitioner went to Australia in the year 2018 to pursue his Masters Degree and presently, he got employment at Melbourne, Australia. The Writ Petitioner left India on 3/7/2024 and even though he had not visited India subsequently, basing on the report given by one Gosi Vijaya Kumari, respondent No.6 registered a case in Crime No.71 of 2025 of Nallapadu Police Station, Guntur on 19/1/2025, for the offences punishable under Sec. 79 of the Bharatiya Nyaya Sanhita, 2023 (for brevity BNS) and Ss. 3 (1) (r), 3 (1) (s) and 3 (2) (vA) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity the SCs & the STs Act, 1989) against the Writ Petitioner and another. After filing charge sheet, the IV Additional District Judge-cum-Special Sessions Court for trial of Cases filed under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 took cognizance of the case as Sessions Case No.165 of 2025 and it is pending for trial. The Writ Petitioner was arrayed as accused No.1 in the said case and he did not commit any offence and only in order to harass him, the said crime was got registered. Accused No.2 in the said Sessions Case, got filed Criminal Petition No.11094 of 2025 on the file of this Court seeking the Court to quash the case proceedings against him and this Court dispensed his presence before the Trial Court.