IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33814 of 2014 Between:
Velagapudi Vasu, S/o. V. Jagan Mohan Rao, Aged 38 years, Occ: Asst. Professor, Dept. of Mechanical Engineering, NIT, Warangal NIT, Warangal – 506 004.
.. Petitioner AND The Union of India, Rep. by its Secretary, Depart of External Affairs, New Delhi & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33814 of 2014 ORDER:
According to the averments made in the affidavit filed in support of the writ petition, the petitioner is a permanent resident of Vijayawada and presently working as Assistant Professor in Department of Mechanical Engineering, National Institute of Technology, Warangal. Earlier he was working as Lecturer at V.R. Siddartha Engineering College, Vijayawada. The petitioner got married on 25.02.2007 with person by name Soumya at Kakinada and is blessed with a daughter on 26.06.2008. The wife of the petitioner is also working in private sector. Differences occurred between the petitioner and his wife. The petitioner filed O.P.No.254 of 2013 in the Family Court, Vijayawada, and obtained a decree for divorce. After receipt of notice in the said O.P., the wife of the petitioner filed complaint before Satyanarayanapuram Police Station under Section 498-A IPC and the same is registered in Crime No.1133 of 2013. She also filed an application to set aside ex parte decree of divorce, which was allowed. In Crime No.1133 of 2013, the petitioner and his parents obtained anticipatory bail. As a part of the conditions imposed, the petitioner surrendered the passport bearing No.H0552909 in Mahila Sessions Court, Vijayawada.
2. While so, the petitioner got an offer from Universitat Politechnica De Valencia-Spain for pursuing Pos Doc Fellowship for ten months commencing from 15.11.2014 to 15.09.2015. In order to pursue his post graduation studies in the said university, the petitioner need to travel abroad. Thus, accordingly the petitioner filed a Crl.M.P.No.1730 of 2014 under Sections 441, 437 (1) (b) Cr.P.C. in C.C. No.784 of 2014 seeking permission to leave India. The Mahila Sessions Court, Vijayawada, by order, dated 19.09.2014, directed the II Additional Chief Metropolitan Magistrate, Vijayawada, in whose Court the C.C.No.784 of 2014 was pending to return the passport of the petitioner and he was permitted to travel abroad for one year from the date of order by executing solvency bonds worth of Rs.1,00,000/- with two sureties each for the like some to the satisfaction of the II Additional Chief Metropolitan Magistrate Court, Vijayawada.
3. This writ petition is instituted contending that even though police verification report is obtained, the satisfaction report is not given by the Regional Passport Authority and on account of the same, the petitioner is not given the VISA. The petitioner submitted an application for giving Police Clearance Certificate for the purpose of obtaining VISA. On account of the delay caused, grave prejudice is caused to the petitioner.
4. Learned Assistant Solicitor General produced written instructions, which would disclose that on verification the police have given report informing the Regional Passport Authority that the applicant was accused in Crime No.1133 of 2013 under Section 498-A IPC and pending trial vide C.C.No.784 of 2014. Considering the same, the Regional Passport Officer, Hyderabad (2nd respondent) declined to grant the clearance. The same was intimated to the petitioner vide letter, dated 18.11.2014.
5. In view of the decision already taken by the Regional Passport Officer on the request of the petitioner, no cause in the writ petition survives. However, it appears from the written instructions furnished to the learned Assistant Solicitor General and the order communicated to the petitioner that the order passed by Mahila Sessions Court, Vijayawada, in Crl.M.P.No.1730 of 2014 in C.C. No.784 of 2014 was not brought to the notice of the Regional Passport Officer.
6. Thus, the Writ Petition is disposed of giving liberty to the petitioner to approach the Regional Passport Officer, Hyderabad (2nd respondent) with the order passed by Mahila Sessions Court, Vijayawada, in Crl.M.P.No.1730 of 2014 in C.C. No.784 of 2014 and it is open to the Regional Passport Officer to consider the said representation, in accordance with law, as and when such representation is submitted enclosing the copy of the order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 21st November, 2014 Note: Issue C.C. on 24.11.2014 (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33814 of 2014 Date: 21st November, 2014 KL