Kandimalla Prabhakar Reddy v. !nio1 9f lndia

Petition under Article 226 oI 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 writ of Mandamus declaring the action of the Respondents No. 2 and 3 in not renewing the passport of the petitioner pursuant to passport Rdnewal application No. HYC076423332524 Dated o4to4t2o24, on the ground that pending criminal proceedings against the petitioner same is illegal, arbitrary, and in violation of principles of natural justice and also in violation of Articles 14,1i and 21 of constitution of lndia and consequenfly direct the Respondents No. 2 and 3 to renew the petitioner passport pursuant to Renewal application No. HYco76423332524 Dated 04to4tzo24 by set-aside the 3rd Respondent { communicated vide letter Ref. No. scN/317660575t24 dated 1510412024 and Hyc076423332524 Dated 2)to5t2o24, pending disposal of the above writ Petition. IANO:1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed irr support of the petition, the High Court may be pleased to direct the Respondents No. 2 and 3 to renew the petitioner passport pursuant to Renewal application No. HYC076423332524 Dated 03.04.2024 by set-aside the 3rd Respondent communicated vide letter Ref. No. aside the 3rd Respondent communicated vide letter Ref. No. SCN/317660575124 daled 15.04.2024 and Hyc076423332524 Dated 2O.O5.2O24, pending disposal of the above writ Petition. Gounsel for the Petitioner: SRI S.CHANDRA MOHAN REDDY CounselfortheRespondents:SRIK.L.N.RAGHAVENDRAREDDY,REP'FOR SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA The Court made the following: ORDER /. ..|,/ THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITIoN NO.l 583 0F 202s Mr. S. Chandra Mohan Reddy, leamed counsel for the petitioner. Mr. K.L.N.Raghavendra Reddy, learned counsel representing Mr. Gadi praveen Kumar, the learned Deputy Solicitor General of India, for the respondents. ORDER: The present writ petition has been filed challenging the failure of the respondent No.2 - Chief passport Officer and the respondent No.3 Regional Passport Officer in renewing the, petitioner,s passport and for a direction on the respondent Nos.2 and 3 to renew the passport of thc pcritioner. 2 The respondent authorities are represented

3. After hearing learned counsel appearing for the petitioner as u,e1l as [he respondcnts, it appears that the issue was considercd by 2 Co-ordinate Benches in W.p.Nos.g697 of 2023 and 2221g of 2024. Both the learned Single Judges referred to the jirdgment of the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu u. Central Bureau of Inuestigotiont and came to the hnding that mere pendency of criminal case cannot be a ground to decline the renewal of passport. The petition'er before the Court is also willing to cooperate pending proceedings. This Court also finds factuai with the .t ' zozo crt.t.t.1sc1 slz 2 i similarities betv/een the present case and Vangalo Kastui Rangacharyulu (:;upra\ where the Hon'ble Supreme Court l-reld that the Passport Aut.eority cannot refuse the renewal of passport on the ground of penderLcy of criminal proceedings and accordingll directed the Passport Attthority to renew the passport of the petitioner without raising objection relating to pendency of criminal proceedings.

4. This Court is accordingly of the view that the Wril Pel.ition can be disposed of clirecting the respondent Nos.2 and 3 to take steps for renewal of the Jrassport in due compliance of the findings of the Hon'ble Supremt: Court in Vangala Kashti Rangacharyull.r (supra)' The petitioner shall however comply with the following conditions: (i) The petitioner shall submit an undertaking along u'ith arL afhdavlt before the learne,l 1't Junior Civil Judge at Nalgorlda, in C.C.No 1078 of 2023 stating that the petrtioner will not leave India during pendency of the C.C. without permission of the Court and that the petitioner will cooperate with the Trial Court in concir-rding the crimina-l proceedrngs. (ii) The Trial Court sha1l issue a certihed copy of the undertzLking and afhdavit within 2 weeks from the date of filing of the undertaking. 3 (iii) The petitioner shall submit thc certihed copy of the aforesaid undertaking before the concerned Passport Offrcer 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 filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. (v) The petitioner sha1l deposit the original passport before the Trial Court in ciiminal case for renewal of the passpgrt. The petitioner shail be at liberty to file an application before the learned 1"t Junior Civil Judge at Nalgonda, seeking permission to travel ourside India. The learned 1st Junior Civil Judge at Nalgonda, shall consider the same in accordance with law.

5. W.P.No. 1583 of 2025 is disposed of in terms of the above Interim orders, if any, shall stand vacated and all connected applications are disposed of. There shall be no order as to costs /TTRUE COPY// SD/- N. SRIHARI ASSISTANT REGISTRAR /t) {- SECTION OFFICER To,

1. The Hon'ble I Junior Civil Judge at Nalgonda. 2. The Principal Secretary, Ministry of Extemal Affairs, South Block, New Delhi' Uriion of lndia.

3. The Chief Passport Officer, Joint Secretary PSP and CPO PSP Division Ministry of Extemal Affairs Room No. 27, Patiala House Tilak Marg New Delhi 1 10001 . 4. The Regional Passport Officer, Rep by its Regional Passport Officer Telangana Hyderabad 0/o. D No 822151o 219 Kummarguda,_Secunderabad. 5. The Public Grievance Officer, Regional Passport Office, Telangana Hyderabad O/o D.N. 82215to 219 Kuqq lguda Secunderabad. 6. Ohe CC to SRI S.CHANDRA MOHAN REDDY, Advocate IOPUCI 7. One CC to SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF - lNDlA, High Court for the State of Telangana at Hyderabad [OPUC] V^, N

8. Two CD Copies R *"ry- -*=-+--.'.*e..a-.:|:,"& HIGH COURT DATED: 2110112025 t \ ORDER WP.No.1583 of 2025 1H E SIA ,6i ": k t,) () 2 / JAN ;l[25 t oFspATct gO o t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS