High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased toto issue an appropriate writ, order or direction particularly one in the nature of wRlT oF MANDAMUS declaring the action of the respondents in not issuing the passport without reference to proceedings in s.c.No.21 I of 2018 pending on the file of the court of the Vll Additional District Judge-cum-special s.c/s.T. court at L.B.Nagar is arbitrary, illegal and violative of Articles 19 and 21 of the constitution of lndia and Passports Act, 1967 and consequently direct the respondents to re-issue / renew the passport of the petitioner without reference to letter of respondent No.2 bearing No.OBJ/32038614712024 daled 31 .12.2024. lA NO: 1 OF 2025 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 respondents to renew and issue passport of the petitioner without reference to letter of respondent No.2 bearing No.OBJ/32038614712024 dated 31 .12.2024. Counsel for the Petitioner: M/s. KANUMURI KALYANI Counsel for the Respondents: M/s. N.V.R.RAJYA LAKSHMI The Court made the following: ORDER , THE HON,BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT N NO.474 oF 2025 Sri Kanumuri Kalyani, learned counsel for the petitioner' Ms.N.V.R. Rajya Lakshmi, leamed counsel for the respondents' ' ORDER: The present writ petition has been Iiled for a direction on the Officer, to renew and respondent No.2/the Regional Passport reissue the passport of the petitioner' challenged a comrnunication issued by the said respondents on 13.12.2t)24 seeking clarification with regard to pending criminal proceedings involving the petitioner' The petitioner has also

2. The respondent authorities are represented'

3. After hearing Iearned 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 of 2023 and 22218 ol 2024. Both the learned Single Judges referred to the Hon'ble Supreme Court Judgm ent rn Vangala Kastui Rangaclnryulu u' Central Bureau of Inuestigationl and came to the hnding that mere pendency of criminal case cannot be a ground to decline the renewal of passport provided that the petilioner is ready for renewal of passport' In this case the petitioner is also readY to the tria,l. The cooperate with the Trial Court in concluding ' zozo crl.r.l.(sc) szz I 2 MB,J w.P.No.474 ol 2O25 petitioner before the Court is also willing to cooperate with the pending proceedings. This Court also finds factual similarities between Vangala Kasturi Rangacharywlu (supra) and the present case where the Honble Supreme Court held that the passport Authority cannot refuse the renewal of passport on the ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew the passport of the petitioner without raising objection relating to pendency of criminal proceedings.

4. Accordi ngly, this Court is of the view th3t the Writ petition can be disposed of by directing the respondent No.2 to consider the reply dated 30.12.2024 submitted by the petitioner and take steps for renewal of the passport in due compliance of the findings of the Hon'ble Supreme Court in Vangala Kastui Rangocharyulu {supral. The petitioner shall however be subject to the foilowing conditions: (i) The petitioner shall submit an undertaking along with an afhdavit before the iearned Spl. Sessions for Triai of Cases under SCs and STs(pOA) Act,19g9- Cum-VII AdCitional District and Sessions Judge,. Ranga Reddy District, at L.B.Nagar in SC.No.219 of 20 i 8 stating that the petitioner will not leave India during pendency of the C.C. without permission of the ( t ' *, w.P.I{o.474 oJ 2025 Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. (ii) The Trial Court shall issue a certifred copy of the undertaking and affidavit within 2 weeks from the date of frling of the undertaking. (iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explalation before the concerned Passport Officer for consideralion 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 filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall deposit the original passport before t.lle Trial Court in criminal case for renewal of the passport. The petitioner shall be at liberty to file an application before the learned Spl. Sessions for Trial of Cases under SCs and STs(POA) Act,1989- Cum-VII Additional District and Sessions Judge, Ranga Reddy District, at L.B.Nagar seeking permission I I ) ) :t MB,J W.P.No.474 oJ 2025 to travel outside India. The Spl. Sessions for Trial of Cases under SCs and STs(POA) Act,1989- Cum-VII Additional District and Sessions Judge, Ranga Reddy District, at L.B.Nagar shall consider the same in accordance with law.

5. W.P.No.474 of 2025 is disposed of in terms of the above. Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. To 1 //TRUE COPY// ASSIS SD/-N. SRIHARI N REGISTRAR s; TION OFFICER

1. The Sp_l_ Sessions for Trial of Cases under SCs and STs (pOA) Act, 19g9_ Cum-Vtt Additionat District and Sessions .tuOge, Ringa RiOOv'Oii?iit, ii L.B.Nagar. 2. The secretary, Union of_rndia, Ministry of Extemar Affairs psp Division New - uerrn, At . Hoom no 27,patiala House Tilak marg, New Delhi _1 10001 3' The Regionat Passport officer, Ministry or exterfibr ,nrir*, n,igi"-."ri passport office At . D.no 8-2-21 S to 21 g KummafguOa,-Se;unAerabad_56ooos'' - -- -' 1 gne cc to M/s. KANUMURT KALYAN|, Advdal; opaci-- 5. One CC to M/s. N V.R.RAJYA LAKSHM|, Ad;oiite lOFtjCt 6. Two CD Copies \ PSK. BS I I I : : HIGH COURT DATED:0810112025 ORDER WP.No.474 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Y a- I I '\, 1 HE ST4 irc oA i] i iiii 20?5 z o i ,'::r,"/rT i.; @ W i