IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25780 of 2008 Between: Bandi Viswanadham Vikas S/o. Bandi Swamy Vishwanandam R/o. 665 (House No. 36-135/3) Defense Colony, Sainikpuri PO Secunderabad, A.P. ..... PETITIONER AND The Regional Passport Officer, Regional Passport Office Secunderabad, External Affairs Ministry, Government of India. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ declaring the decision of respondent not issuing Passport and directing the petitioner to get order from competent court as illegal, arbitrary against the principles of natural justice and pass Counsel for the Petitioner:MR.M.GOVIND REDDY Counsel for the Respondent No.: MR.S.NARENDRANATH REDDY The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondent in not issuing Passport and directing the petitioner to get an order from competent Court of law, as arbitrary and illegal. The petitioner asserts that he is one of the accused in S.C.No.246 of 2007 on the file of V Additional District and Sessions Judge, Ranga Reddy District for the offences punishable under Sections 302 and 307 IPC and Sections 25 and 27 of the Indian Arms Act and as and when the case is called for his appearance, he is regularly present before the learned Sessions Judge. During the pendency of this case, he has applied for issuance of a Passport to go over to Russia for a temporary period to attend on his wife Anna Topolskova, who is pregnant. Now, the petitioner’s grievance is that the respondent rejected his application on the ground that the petitioner has not produced No Objection Certificate from a competent civil Court for issuance of the passport. Heard the learned counsel for both the parties and perused the material placed on record. According to Serial No. 17(c) of the Passport Application Form (No.1), if any criminal proceedings are pending against a person who seeks Passport, he has to furnish No Objection Certificate from a competent Court for grant of passport. No doubt, the High Court is competent enough to issue such certificates, but it does not mean that this Court can straight away issue such certificates without knowing the details. As the Court of V Additional District and Sessions Judge, R.R. District before which a Sessions Case is pending, can go into the details i.e. the allegations levelled against the petitioner, etc. and in my considered view, that Court is probably the competent Court. Maybe, it is true that V Addl. District and Sessions Judge is on leave as contended by the learned counsel for the petitioner, but it does not mean that V Addl. District and Sessions Judge is not functioning. In the normal circumstances, when a District and Sessions Judge is on leave, the matter is entrusted to the in-charge District and Sessions Judge. Hence, this Court is inclined to dispose of the writ petition with the following direction: “The petitioner is hereby directed to approach V Additional District and Sessions Judge’s Court and file an application narrating the circumstances which prompted him to visit Russia so that the Court of V Additional District and Sessions Judge can exercise its discretion and pass necessary orders. Inasmuch as the petitioner is apprehending that V Additional District and Sessions Judge is on leave and his application may not be processed, this Court directs V Addl. District and Sessions Judge’s Court, R.R. District (whoever is in-charge) to receive such application and decide it at the earliest, preferably within a period of two weeks from the date of receipt of a copy of this order.” In terms of the above direction, this writ petition is disposed of at the admission stage. No costs. ______________ 01.12.2008 bcj