The High Court · 2025

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 writ, direction or order more particularly one in nature of writ of mandamus under Article 226 of Constitution of lndia declari.ng the action of Respondent No.2 in not renewing/reissuing the Petitioner's passport upon her application vide HY2077004379524 dated 08-'10-2024 and refusing to renew the Petitioner's passport vide letter dated 17-12-2024 as illegal, arbitrary and violative of Article 14, 16,21 and 300-4 of Constitution of lndia and consequently set aside the refusal order dated 17 -12-2024 and direct the Respondent No.2 to renew/reissue the Petitioner's passport vide M8290732 in the interest of justice. 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 Respondent No.2 to renew/reissue the Petitioner's passport vide M8290732 pending disposal of the main writ petition in the interests of justice. Counsel for the Petitioner : Ms.D.SAMHITHA, rep., SRI ALLU MIDHUN KUMAR counsel for the Respondents: sRlSGADl i.lffirEEN.[HiBi^ The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO WRIT PETITION No.4459 OF 2025 ORDER: This writ petition is filed seeking the following relief: " ... to issue a Writ Order or direction more par-ticularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 in not renewing/reissuing the Petitioners passport upon her application vide HY20770O4379524 d,aLed Oa.lO.2024 and refusing to renew the Petitioners passport vide letter dated 17.72.2024 as illegal, arbitraqz and violative of Articles 14, 16,21 and 300A of Constitution of India and consequently set aside t1'e refusa-l order dated 17.12.2024 and, direct the Respondent No.2 to renew/reissue the Petitioners passport vide M829O732 in the interest ofjustice."

2. Heard Ms.D.Samhitha, learned counsel representing Sri Midhun Kumar Allu, learned counsel for the petitioner arrd Sri G.Praveen Kumar, learned Deputy Solicitor General of India, 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 weli 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 Hon'ble Supreme Court Judgment 1n Vangala Rasturi 2 Rangacharyulu u, Central Bureau of lrutestigationt and, came to the finding that mere pendency of criminal case cannot 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 Tria1 Court in concluding the trial and he is also willing to cooperate with the pending proceedings. In Vangala Ko,strrtri Rangacharyulu (supral, the Hontrle Supreme Court held that the Passport Authority cannot refuse the release of passport on the ground of pendencl, 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.

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 17.12.2024. The respondent No.2 shall consider the repl1, submitted by the petitioner and take steps for rene'"r,al of the passport in due compliance of the findings of the Hon'ble Supreme Court in Vangala Kasfr.rl Rangacharyla,lu 12020 Crl.L.J.(SCJ 572 rI l. \ I (supra). The directions are as follows: (i) The petitioner shall submit an undertaking along with an affidavit before the learned I Additional Junior Civil Judge, Narsaraopeta, Andhra Pradesh in C.C.No.227 of 2024 stating that she will not leave India during pendency of the C.C. without permission of the Court and she vvi11 cooperate with the Trial Court in concluding the criminal proceedings. (ii) The Trial Court shall issue a certiiied copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking. (iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration of \ I her 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 filed by the petitioner. The petitioner sha1l also be at liberty to rely on 4 the decisions in this regard. The petitioner shall deposit the original passport before the trial Court in criminal case for renewal ol the paSsport. The petitioner shall at liberty to file an application before the learned I Additional Junior Civil Judge, Narsaraopeta, Andhra Pradesh seeking permission to travei outside India and the learned Magistrate, shali 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 To, //TRUE COPY// SD/.P.PADMANABHA RED DY REGISTRAR ASSIS ECTION OFFICER

1. ThenSecretary, Ministry of External Affairs, Union of lndia, pSp Division, New 2. The Reqional passoorr Officer, Regional passport ffice, DNo.g-2_215 to 219, Near prashani The 003 Emair rd ,.po hyJ;;3;:uA5HlTl3Jii sdcunderaGd, iii,.g",":ioo

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5. Two CD Copies. BSK GJP 2 HIGH COURT DATED:1710212025 CC TODAY TE 1 r€ A q ,) 1 I rtB ?$25 :t z a .L ..\'r,/ * o PA.TC ORDER WP.No.4459 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS g 9..4 ,72-z /4;