HAREESH GANDRA v. 1. The Union of lndia

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 to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus - declaring the action of 2nd Respondent in withhold my passport facilities and thereby directing petitioner to surrender Ray passport bearing no. Y3814 986 dated 24.06.2024 vide file no. HYD/30/PoL/ PIL/857 12024 dated 08.11.2024 and consequential notice da1d18.12.2U24 propoSing to impound petitioner passport vide file no.HYD7066675482324 on the ground that 02 criminal cases are pending against me vide 1) cr.no. 941 2023 under sec. 147, 148, 324, rlw 149 IPC of PS Bhupalapally, which is registered as C 0 No.1411t2O23 on the file of JFCM At Bhupalpally 2) cr.No.34/2024 Uls 386,406, 40g,420, 447,506 rtw 120-8 IPC and Sec 3(2) of PDPP Act, of PS Bhupalpally as illegal, arbitrary, unconstitutional, violation of principles, of natural justice and ' ' i-...- contrary to the provisions of rhe passports Act, 1967 and consequenfly direct the 2nd respondent to 'estore the facilities of petitioner passport bearing No. y3814 986 and thereby permit me to travel abroad without reference to the said criminal CASES. I.A.NO:1 OF 2025 Petition Under Section 151 cpc praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High court may be preased to stay all further proceedings based on the notice dated 1g.12.2024 vide file no. HYD7066675482324 issued by 2nd respondent, pending disposar of the above writ petition in the interest of justice. Counsel for the Petitioner : SRI G.ANIL KIRAN KUMAR 99y1""! for the Respondenrs : SMT N.V.R.RAJYA LAKSHMI, LEARNED COUNSEL REPRESENTING SRI GAOI PRAVEEN KUMAR, DEPUW SOLICITOR GENERAL OF INDIA The Court at the stage of admission made the following ORDER TIIE HONOURABLE SRI JUSTICE J.SREENTVAS RAO UIRIT PETITION No.142 4oF. 2o2s ORDER: This writ petition is filed seeking the fotlowing relief: " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of in withhold mv passport facilities and therebv ;;; il;;;;;;t the passport bearing directing petitioner to ",I:t"ttdtt .".v1si+ 986, d.t.d 2+ -06.2024 vide hle no'HYD/30/PoL/ iirjaii)zoii, a""a o8'1't2024 and consequential notice datedl8.l2.2O24 proposrng to impound petitioner passport "ia.-nf" no.ayoz ooeoz sZszszc on the ground that 02 ..iminr-t cases are pending against me vide (1) Cr'no'941 2023 ,rrrd". "". L47, 148,32a lw I49 IPC of PS Btrupalapally of JFCM ifriJ * i"si",ered as c C.No.141:r12023 on the 4o9' 42o' ni-Ei"prrprrr, Ql cr.No'3412o24 u ls 986-'-a-o!: 'iil'*ri-ioo"rlw t2oB lPi and sec 32 of PDPP Act of PS At updpaly, as iltegal, arbitrary, unconstitutional' violation of natura"l justice anJ contrarv to the provisions of ;;il;il;i ect, i96z and consequently direct the 2nd iir. to rcstore the facilities of petitioner passport r."".ta"rit thcrebv permit me to travel abroad t"#i"* ii. tat r+ *iifr."i reference to the said criminal cases'" -il""o".,. "rta -sSo -fiIe-

2. Heard Sri B.Jayashankar, learned counsel for the petitioner and Smt N'V'R Rajya Lakshmi' learned counsel representing Sri G.Praveen Kumar' learned Deputy Solicitor General of India, appearing for respondents' /) .) With the consent of learned counsel for the parties' the writ Petition 1S being disPosed of at the stage of admission.

4. After hearing learned counsel appeadng for the 'I 2 petitioner as well as the respondents, it appe:rrs that the issue \ ras considered by 2 Co_ordinate Flenches in W.P.Nos.8697 of 2023 and 2221g of 2024. Both the learned Single Judges referred the Honble Supreme Court Judgment in Vangala Kclsfrttri Rangacharyalu u. Central Bureau of lrurcstigationl and came to the hnding that mere pendency of criminal case carnot be a ground to decline the renewal/reissue of passport provided that the petitioner is ready for renewal/reissue of passport. In this case the petitioner is also ready to cooperate with the Trial Court in concluding the trial and he is also willing to cooperate with the pending proceedings. In Vangala Kasturi Rangacharywlu (supra), the Honble Court held that the passport Authority cannot refuse the release of passport on the ground of pendency o1. criminal proceedings and accordingly directed the passport Authority to r:enew the passport of the petitioner without raising ob.ier:tion relating to pendency of criminal Supreme \ 2020 Crt.L.l.(SC) 57z l I 3 proceedings.

5. This Court is accordingly of the view that the Writ Petition can be disposed of by directing the respondent No.2 to consider the reply submitted by the petitioner and take steps for release of the passport in due compliance of the frndings of the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu (supral' The directions are as follows: (i) The respondent No.2 shall release the petitioner's Passport within 2 weeks lrorn O4'O2'2O25' The respondent No.2 shall inform the petitioner of the time and place for the release of Passport' (ii) The petitioner shall submit an undertaking along with an afhdavit before the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class' Bhulapalally, in C.C.No'1411 of 2023 and learned Judicial First Class Magistrate at Bhupalapally in Crime No.34 of 2024 of Bhupalapally Police Station' i T H 4 stating that the he will not leave India during pendency of the C.C and crime without permission of the (lourt and the he will cooperate with the Trial Court. in concluding the criminal proceedirrgs (iii) The Trial Court shall issue a certihed copy of the undertaking and affidavit within 2 weeks liom the date of filing of the undertaking. (iv) The petitioner sha_ll submit the certified copy ol the albresaid undertaking along with the reply / explanation before the concerned passport Officer for considr:rat.ion of his application for r.elease of passport. (v) The r65p6ndent No.2 shail be at libertl, of taking steps on breach ofthe undertaking. ("i) Th': passport Authorit5r shali consider the documents in the light of the observations made by the Courts as well as the undertaking and other cT. crl]:.._: . - =----.rj*;^;-.-Q1,*;---.;-. -.::r*-,,:-t. -.,. - -l -:.:{-.:::a.-.tlt. ,, .., _ .J ) 5 documents hled by the petitioner' The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall be at liberty to frle an application before the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class' Bhulapa-la1ly and learned Judicial First Class Magistrate at Bhupalapally, seeking permission to travel outside India and the learned Magistrate' shall consider the same in accordance with law'

6. With the above observations, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed' There shall be order as to costs. I //TRUE COPY// SD/.A.V.S. PRASAD ASSISTANT REGISTRAR c ION OFFICER To SA BS

1. The Principal Secretary, Union of lndia, Ministry of Extemal Affairs' South Block, Secretariat, Raiiina Hill, New Delhi, lndia - z. ir,e rtegio"ii iiilp"rt omc.r, oio The Re-o1o^1ql^Plss port office' D No'8-2- - 215 lo 2"19, Kummdrguda, Secunderabad-500003' -Telanggna' g. oni-cc to snt c.nru'l1 KiRAN KUMAR, Advocate [oPUC] ;. o;; ca i; sdi GADI PRAVEEN KUMAR, DEPUTV sollclroR GENERAL 5. Two CD Copies OF INDIA Advocate [OPUC] 1/ ; ,:rL-:-.: - '.. :1 HIGH COURT DATED:3010112025 ORDER WP.No.1424 of 2025 C.C. TODAY < { r\,r ._ i /'S 0 r ifs 2025 {'l

1.' /ti-:I :-. \'_ .,) ' DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. g a1 h f