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 to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 herein in issuing the impugned Refusal letter dated 03-02-2025, vide Letter No. HY2077342816325 calling upon the petitioner herein to submit acquittal order in C.C.No. 8011 of 2021, on the file of Honble lll ACMM Court, Nampally, Hyderabad, or obtain permission to travel abroad from the Trial Court to process petitioners passport application File No. HY2077342816325 dated 27-01-2025, as illegal, arbitrary, in violation of the Article 14, 21 and 300-4 of Constitution of lndia, besides in violation of the principles of natural justice and to consequently set aside the impugned Refusal letter dated 03-02-2025, vide Letter No. HY2077342516325, passed by the respondent No.2, including the direction to the respondent No.2 herein to forthwith issue fresh. passport to the I petitioner in furtherance to application vide File No. HY2077342816325 dated 27tO1t2025. lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the :ircumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the impugned Refusal letter dated p3-02-2O2tS, vide Letter No. HY2077342816325, passed by the respondent No.2, inctuding the direction to the respondent No.2 herein to forthwith issue fresh passport to the petitioner in furtherance to application vide File No. Hy207734281632s dated 27to112025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondents: SRI N.AVANEESH, SC FOR CENTRAL GOyf. I SRt GAD| PRAVEEN KUMAR, Dy. SOLIC|TOR GEN. OF i[lDtA The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PDTITION No.4348 OF 2o25 ORDER: This writ petition is hled seeking the following reliel " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No. herein in issuing the impugned Refusal ietter dated O3.O2.2O25 vide Letter No.FIY2O77342816325 calling upon the petitioner herein to submit acquittal order in C.C.No.SO 1 1 of 2027 on the file of Honble III ACMM Court Nampally Hyderabad or obtain permission to travel abroad from the Trial Court to process petitioners passport application File No.LIY2O7 7 3428 I 6325, dated 27 .O 1.2025 as illegal, arbitrary, in violation of the Artrcle 14 2l and 3O0A of Constitution of India besides in violation of the principles of natural justictP and to consequently set aside the impugned Refusal letter d.ated O3.O2.2O25 vide Letter No 11Y2O77342aL6325 passed by the respondent No.2 including the direction to the respondent No 2 herein to forthwith issue fresh passport to the petitioner in furtherance to application vide File No 1N2O77342816325 dated 27 l07/2025."

2. Heard Sri K.Ravinder Reddy, learned counsel for the petitioner and Sri N.Avaneesh, learned Standing Counsel for respondents.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

4. 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 of 2023 and 22218 of 2024 Both the learned Single Judges referred the / I lr' 2 Hon'ble Supreme Court Judgment in Vangala Kasturi Rangacharyulu a. Central Bureau of lrutestigationt and came to the linding that meie pendency of crirninal case cannot be a ground to decline the renewal/reissue of ;:assport provided that the petitioner is ready for renewal/reissue of passport' In thiscasethepetitionerisalsoreadytocooper.atewiththeTrial Court in concluding the trial and he is also willing to cooperate with the pending proceedings. In Vangala Rwturi Rangacharyulu (supra\, the Hon'ble Supreme Court held that the Passport Authority cannot refuse the release of passport on the ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew the passport of the petitionerq'it-hout rarsing objection relatin6l to pendency of criminal proceedings.

5. This Court is accordingly of the view that the Writ Petition can be disposed of by directing the petitioner to submit a reply to the letter dated O3-O2.2O25. The respcndent No'2 shall consider the reply submitted by the petitioner and take steps for renewal of the passport in due compliance of the f,rndings of the 1 2020 Crl.L.l.ISCJ 572 r 3 Hon'lrle Supreme Court in Vangala Kasturi Rangacharyalu (supral. The directions are as follows: (i) The petitioner shall submit an undertaking along with an a,ffidavit before the learned III Additional Chief Metropolitan Magistrate at Hyderabad in C'C'No'8011 of 2o2lstatingthathewillnotleavelndiaduringpendency of the C.C. without permission of the Court and he will cooperate with the Trial Court in concluding the criminal ',n proceed ings' (ii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking. (iii) The petitioner shall submit the certihed copy of the a.foresaidundertakingalongwiththereply/explanation before the concerned Passport Officer for consideration of I I his application for release 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 hled by the 4 petitioner. The petitioner sha1l also be at liberty to rely on the decisions in this regard. The petitioner shall deposit the orrginal passport before the trial Court in criminal case for renewal of the passport. The petitioner shal at liberty to file an application before the learned .tII Additional Chief Metropolitan Magistrate at Hyderabad s,eeking permission to travel outside India and the learned Magistrate, shall consider the same in accordance with la.,v. 6 With tht: 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 orderr as to costs. \ To, //TRUE COPYII ASSIS SD/.S. MALLIKARJ UNA RAO NT RE GISTRAR \ I E ON OFFICER 1 J 2 The Hon 'ble Ill Additional Chief Metropolitan Magistrab at Hyderabad The Secretary, Ministry of External Affairs, New Delhi Union of India. The Regional passPort Officer Regional passport Office, Hyderabad Ku rmaguda, Secund rabad 5 one cc to sR, ^J.[ft?::::::?1ffi:.::f:::1", 6one33,ii;IJ,3t?J,Sf.[?il#:ym,.:,*,:lSl,,"SGENoF

4. One CC to SRt KAT ,.{ ]*" CD Copies "trwi, -,,\ INDIA, l J HIGH COURT DATED: 1410212025 CC TODAY ( .t _) () ,,1_:irAf€ z c) (: .J t b Fr';J[25 i OE S PAIC, ORDER WP.No.4348 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS i I l i i ! (' \ ur