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2025 DAILYLAW 36351 (AP)

YENUGULA RAMA CHANDRA RAO v. THE UNION OF INDIA

WP/30952/2024 · 2025-02-04

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: APHC010592562024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30952/2024 Between: Yenugula Rama Chandra Rao ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. P S P SURESH KUMAR, Spl. Public Prosecutor for CBI 2. M UMADEVI ::2:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30952 of 2024 This Court made the following ORDER: The instant Writ Petition is filed by the Petitioner challenging the rejection for renewal of passport vide proceedings dated 13.12.2024 issued by the 2nd respondent herein. 2. Learned counsel for the Petitioner submits that the Petitioner herein was convicted, against which the Petitioner preferred appeal before this Court vide Crl.A.Nos.944, 949, 950 and 951 of 2019, wherein the sentence imposed against the Petitioner was suspended. Therefore, the Petitioner is entitled for holding passport till the finalization of the appeals and the order of rejection is contrary to law. Hence the writ petition. 3. On the other hand, learned Standing Counsel submits that once the Petitioner convicted by the Court below and appeals were preferred by the Petitioner before this Hon’ble Court, the Petitioner has to approach the Court of Appeal. As per the Ministry’s GSR 570(E) Notification dated 25.08.1993, when a criminal case is pending against the applicant in any Criminal Court, the applicant has to produce either an Acquittal Order or No Objection Certificate (NOC) from the Court below where case is pending along with GSR 570(E) ::3:: undertaking. Hence, if the Court grants permission to the applicant to travel abroad and directs the Respondent Authorities to issue passport, the Respondents will comply the order in accordance with the GSR 570(E). 4. Considering the submission made by both the learned counsel, this Court is of the considered view that this Writ Petition can be disposed of directing the Petitioner to approach the Appellate Court, where the appeals are pending for getting NOC as per the Ministry’s GSR 570(E) Notification dated 25.08.1993. 5. Accordingly, the Writ Petition is disposed of. No costs. The miscellaneous petitions pending, if any, shall stand closed. ______________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Dt: 04.02.2025 Krk ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 63 WRIT PETITION NO:30952 of 2024 04.02.2025 krk ::5::