IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWELVE PRESENT THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.4969 OF 2012 Between: Marthand Hippalgaonkar. - - - Petitioner. AND The Union of India, Rep. by its Regional Passport Officer.. Ministry of External Affairs, Regional Passport Office, Hyderabad, Andhra Pradesh. - - - Respondent. This Court made the following : HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.4969 OF 2012 O R D E R: The petitioner is aggrieved by the action of the respondent in not processing his application, bearing File No.HY1061369039112, for issuance of a fresh passport to him. The petitioner has prayed that a direction be issued to the respondent to process his application for issuance of a fresh passport to him. It has been averred that the petitioner was accused in Calender Case No.837 of 2000, registered for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 on the file of XXIII Metropolitan Magistrate Court, Hyderabad. In the said case, the petitioner was convicted and sentenced to undergo one year imprisonment and also directed to pay the compensation amount of Rs.70,000/-. The petitioner challenged the said conviction by filing Criminal Appeal No.401 of 2003 on the file of II Additional Metropolitan Sessions Judge, Hyderabad. After hearing the arguments, the learned Additional Sessions Judge, set aside the order of conviction of the petitioner and acquitted him of the said charge. However, he was directed to pay the compensation amount of Rs.70,000/- in addition to payment of the cheque amount of Rs.70,000/- Against the said order of acquittal, the Complainant preferred Criminal Revision Case No.1467 of 2005, which is pending before this Court. Sri O. Manoher Reddy, learned counsel for the petitioner submits that as on date, the petitioner stands acquitted of the charge and therefore, there is no impediment in the way of the respondent in issuing a fresh passport to the petitioner. Learned counsel for the respondent states that so far, the police verification report has not been received by the respondent, and as long as the same is not received by him, the application of the petitioner cannot be processed for issuance of a fresh passport to him. After hearing the learned counsel for the parties, this writ petition is disposed of with a direction to the respondent to consider the application of the petitioner for issuance of a fresh passport to him duly taking into consideration the police verification report of the petitioner. Merely because the Criminal Revision Case is pending against the order of acquittal of the petitioner, it would not debar the respondent - authority to issue a fresh passport to the petitioner, in case, the petitioner fulfils all other conditions. With the aforesaid observations, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ ASHUTOSH MOHUNTA, J. Date.26-03-2012. Dsh. THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA 228 WRIT PETITION No.4969 OF 2012 March 26, 2012 DSH