NIKHATH AFSHAN QUDSIA Vs. UNION GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard Mr. Syed Ashfaq Ahmed, learned counsel for the petitioner and Mr. P. Devender, learned Central Government Counsel appearing on behalf of the respondents.

(2.) The petitioner herein is a Holder of Passport bearing No.S6472065 which was obtained in the year 2018 and the same is valid up to 17/10/2028. Since there was change in existing personal particulars, she has submitted an application No.HY3074606415122 on 20/9/2022 with respondent No.2 with a request to re-issue of passport. Vide letter dtd. 21/11/2022, respondent No.2 informed the petitioner that it has received adverse police verification report, wherein it is mentioned that the petitioner is an accused in C.C. No.1138 of 2021 pending on the file of VII Additional Chief Metropolitan Magistrate, Nmapally, Hyderabad arising out of Crime No.411 of 2020 for the offences under Ss. - 342, 323 and 506 read with 34 of IPC. Suppressing the same, the petitioner had submitted the aforesaid application. However, the petitioner herein had submitted explanation dtd. 24/11/2022 and also got issued legal notice dtd. 25/12/2022 to the said letter stating that he applied the aforesaid application through 'Rose Online Services', wherein he has informed the pendency of the aforesaid crime, but he has not mentioned while filling up the application. Further, the aforesaid crime is nothing but a counterblast to the criminal proceedings in C.C. No.1140 of 2022 initiated by the petitioner against one Mr. Abdul Feroz Khan and that she is no way concerned with the said crime and she was falsely implicated. The said explanation as well as legal notice was not considered by respondent No.2.

(3.) There is no dispute that the petitioner herein is an accused in the aforesaid C.C. No.1138 of 2021. On the ground of pendency of the aforesaid criminal case against the petitioner, respondent No.2 is not reissuing 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.