Lalitha Manikandan v. 1. The Union Of lndia

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondents herein to renew the passport bearing No. 117853 of petitioner made vrde File No.HY1 077168755724 dated 02.12.2024, .pending disposal of the writ petition, in the interest of justice Counsel for the Petitioner: SRl. VENKAT REDDY KODUMURY Counsel for the Respondents: Ms. NVR RAJYA LAKSHMI REP SRI GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA The Court made the following: ORDER " :ry;GW , -;.'. -. ,i THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION NO.31O OF 20.25 Mr. Venkat Reddy Kodumury, Iearncd counsel aPPearing for the petitioner. Ms. IIVR Rajya La-kshmi, learned counsel representing Mr. Gadi Pravcen Kumar' the learned Dy Solicilor General of lndia for the respondents. ORDER The present writ petition has been filed challenging the failure of the respondent No.2-The Regional Passport Officer in renewing the petitioner's passport and for a direction on the respondent No.2 to renew the passport of the petitioner.

2. The respondent authorities are represented.

3. After hearing learned counsel appearing for the petitioner as well as the respondents, it appears that the issue was considered by 2 Co-ordinate Benches in W.P.Nos.8697 ot 2023 and 22218 of 2024 - Both the learned Single Judges referred to the judgment of the Hon'ble Supreme Court in Vangala Kostui Rangacharyulu u. Central Bureou of Inuestigationl and came to the hnding that mere pendency of criminal case cannot be a ground to decline the renewal of passport. The petitioner before the Court is also willing to cooperate with the pending proceedings. This Court also finds factual similarities between the present case and Vangala Kastui Rangacharyulu (supro) where the Hon'ble Supreme Court held that horo crt.r.r.1sc1 szz ) ::s.l the Passport Authority cannot refuse the renewal ol-passport on the ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew the passport ol the petitioner without raising objection relating to pendencl, of criminal proceedings.

4. This Court is accordingly of the view that the Writ petition can be disposed of directing the respondent No.2 to take steps for renewal of the passport in due compltance of the hndings of the Hon'ble Sulrrerne Court in Vangala Kasfui Rangach.aryulu (supra). The petitione r shall however comply with the followins conditions: (i) The petitionerr shall submit an undertaking along u,ith an afrrdavit before the lear.ed Principal Sptr and ACB cases-cum-rV Additional Chief Judgt', Nampally, Hyderabad, in C.C.No.892 of 2024 stating that the pr:ritioner will not leave India during pendcr-rcy of the C.C. without permission of the Court and that the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. (ii) The Trizrl Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing of the lrndertaking. 3 (iii) The petitioner shall submit the certihed copy of the aforesaid undertaking before the concerned Passport Officer for consideration of his application for renewal of passport. (iv) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents Iiled by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. (v) The petitioner shall deposit the original passport before the Trial Court in criminal case for renewal of the passport. The petitioner shall be at liberty to file an application before the learned Principal SPE and ACB Cases-cum-IV Additional Chief Judge, Nampally, Hyderabad, seeking permission to travel outside India. The learned Principal SPE and ACB Cases-cum-IV Additional Chief Judge, Nampally, Hyderabad, shall consider the same in accordance with law.

5. W.P.No.31O of 2025 is disposed of in terms of the above' lnterim orders, if any, shall stand vacated and all connected applications are disposed of. There shail be no order as to costs //TRUE COPY// SD/.A.V.S.PRASAD EGISTRAR ASSISTAN SE toN OFFICER The Secretary, Union Of lndia, Ministry of External affairs, South Block, New Delhi -1 10 01 1 . The Regional Passport Officer, D. No. 8-2-215 to 219, Near Prashant Theatre, Kummarouda, Secunderabad, Telangana -500 003. One CC to SRl. VENKAT REDDY KODUMURY, Advocate [OPUC] One CC to SRl. GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA IoPUCI Two CD Copies BM GJP J_X 'JA-, ;**il'- .;*i&, \ To, 1 2 3 4

5. w . .,.,. / HIGH COURT DATED:0610112025 ORDER WP.No.310 of 2025 + c o ( * { -ttlE S14 0 0 JAt't 2025 ?r" -^r.:qF o DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{