Writ Petition No. 4849 of 2025 · Telangana High Court

This writ petition is hled seeking the following rr:lief: " ... to issue a Writ Order or direction more parti<:ularly one in the nature of Writ of Mandamus direcLrng the Respondent No.l to issue the passport to the petitioner without reference to the crime case against the petitioner in the interest of justice and declare the action of the respondent No.1 in not issuing the passport to the pctitioner c'n the ground of pendency of criminal case as illegal ,arbrtrary, voilative of the principles of natura.l justice and against the provisions of the passport act. "

Heard Sri L.K.Sharma, learned counsel for the petitioner, Sri G.Praveen Kumar, learned Deputy Solicitor General of India for respondent No.l and Sri R.Mangulal, learned counsel for respondent No.2.

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

After hearing learned counsel appearing for thc 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 atrd 22278 of 2024. Both the learned Single Judges referred the Hon'ble Supreme Court Judgment 1n Vangala Kasturi Rangacharyulu o. Central Bureau of Investigationt and t 2020 Crl.L.l.(SC) s72 2 - carne to the finding that mere pendency of criminal case cannot ;l 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 Rangacharyutu (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 petitioner without raising objection relating to pendency of criminal proceedings.

This Court is accordingiy of the view that the Writ Petition can be disposed of by directing the petitioner to submit a reply to the letter dated 12.02.2025. The respondent No'l shall consider the reply submitted by the petitioner and take steps for renewal of the passport in due compliance of the hndings of the Hon'ble Supreme Court in Vangala Kasfiiri Rangacharyalu (supral. The directions are as follows: I 3 (i) The petitioner shall submit an undertaking along with an afhdavit before the learned XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad ald learned XII Additional Metropolitan Magistrate at Rajendra Nagar, Hyderabad in C.C.Nos.5696 of 2022 and 1139 of 2023 stating that he will not leave India during pendency of the C.Cs. without permission of the Courts and he will cooperate with the Trial Court in concluding the criminal proceedings. (ii) The Trial Court shall issue a certihed copy of the undertaking and affidavit within 2 weeks from the date of hling 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 '.. his application for issuance 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 4 petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner sha, ll deposit the original passport before the trial Courts for issuance of passport. The petitioner shall at liberty to file an application before the learned XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and learned XII Additional Metropolitan Magistrate at Rajendra Nagar, Hyderabad seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordartce with law.

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. SD/-P. PADM ASSIST ANABHA REDDY NT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 The Regional Passport Office, Hyderabad D No 8-2-215 to 219 Kummarguda' Secunderabad.

2. The Secretary Minar Apartments South Block' New Delhi' 3. One CC to SRl. LOVANEET KUMAR SHARMA Advocate [OPUCI 4. One CC to SRI R. MANGULAL SC FOR RPO [OPUCI 5.oneCCtoSRI.GADIPRAVEENKUIMARDy.SoLICIToRGEN.oFINDIA loPUCl 6 KKS BS Two CD CoPies \+ CC TODAY 6 S'iATg tt ttB fl6 ,-) * ,\ ,,/ I HIGH COURT DATED:1 910212025 ORDER WP.No.4849 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I cod'a F,^ 6dx;-