ASHOK PALLELA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.Chalapathi Rao, learned counsel for the petitioner, Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India accepts notice on behalf of respondent No.1 and Mr. K.Rajesh Reddy, learned counsel appearing for respondent No.2.

(2.) The petitioner herein has submitted an application No.HY1074671282522, dtd. 13/10/2022 with respondent No.2 with a request to issue passport. Vide letter dtd. 14/12/2022, respondent No.2 informed the petitioner that it has received adverse police verification report and involvement of the petitioner in C.C.No.207 of 2015 pending on the file of the Judicial First Class Magistrate, Jangaon. Suppressing the same, the petitioner had submitted the aforesaid application. According to the petitioner, he was falsely implicated in the case. Therefore, according to him, there is no suppression of fact on his part while submitting the application for issue of passport.

(3.) There is no dispute that the petitioner herein is an accused in C.C.No.207 of 2015 pending on the file of the Judicial First Class Magistrate, Jangaon, and the offences alleged against him are punishable under Ss. - 420 of IPC and 7 of Essential Commodities Act, 1955. On the ground of pendency of the aforesaid criminal case against the petitioner, respondent No.2 is not issuing the passport to the petitioner. The said action of respondent No.2 is contrary to the procedure laid down under the Passports Act, 1967 and also the principle laid down by the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation 2020 Crl.L.J. (SC) 572.