High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewlth, the High court may be pleased to issue an order direction or writ more particularly one in the nature of writ of mandamus directing the Respondent No. 2 to reissue the passport to the petitioner without reference to the criminal case against the petitioner. in the interest of justice by declaring the action of the Respondents No 2 in not reissuing the passport of the petitioner on the ground of pendency of criminal case as illegal void arbitrary and against the provisions of passport act lA NO: 'l 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 1o djrect the respondents to reconsider my application vide File No. HY7076950435124 dated i9.09.2024 the passport bearing No. M5897095 under the P.assport Act, 1967, pending disposal of the above Writ Petition Counsel for the Petitioner: SRl. MANDA RAMESH GOUD Counsel for the Respondent No.1: GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA Counsel for the Respondent NO.2: Smt. ANJALI AGARWAL SC FOR RpO The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO UrRIT PETITION No.5O33 OF 2o25 ORDER: This writ petition is filed seeking the following relief: " ... to issue a Writ Order or direction more particularly one in the nature o[ Writ of Mandamus directing the Respondent No.2 to reissue the passport to the petitioner without relerence to the criminal case against the petitioner in the interest of justice by declaring the action of the Respondents No.2 in not reissuing the passport of the petitioner on the ground of pendency of criminal case as illegal void arbitrary and against the provisions of passport act,"

2. Heard Sri M.Ramesh Goud, learned counsel for the petitioner and Smt.Anjali Agarwal, 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 counsei 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.B697 of 2023 and 22218 of 2024. Both the learned Single Judges referred the Hon'ble Supreme Court Judgment 1n Vangala Kasturi Rangacharyulu u. Central Bureau of Inaestigo,tionl and I 2020 Crl.L.l.ISC)572 ---- 2 came to the finding that mere pendency of criminal case cannot be a grouncl to decline the rene*,al/reissue of passport provided that the petitioner is ready for renewal/reissue of passport. In this case the petitioner is also ready to cooperate wi1.h the Trial Court in concluding the trial and he is also u.illing to cooperate with the pending proceedings. In Vangala Ko.sturi Rangacharyulu (supra), the Hon,ble Supreme Courl held that the Passport Authority cannot refuse the release ol_passport on the ground of pendency of criminal proceedings and a<:cordingly directed the passport Authority to renew the passport of the petitioner without raising objection relating to pendency of cnminal proceedings

5. This Court is accordingly of the view rhat rhe Writ petition can be disposed of by directing the petitioner to submit a reply to the letter dated 03.12.2024. The respondent No.2 shall consider the repiy submitted by the petitioner and take steps for renewal of the passport in due compliance of the findings of the Honble Supreme Court in Vangala Kasturi Rangacharyulu (supra). The directions are as tbllows: 3 (i) The petitioner shall submit an undertaking along with an afhdavit before the learned II Additiona-l Judicial Magistrate of Fist Class at Karimnagar in C.C.No.189 I of 2023 stating that he will not leave India during pendency of the C.C. without permission of the Court and he will cooperate with the Trial Court in concluding the criminal proceedings. (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 certified copy of the aforesaid undertaking along with the reply/ explanation before the. concerned Passport Officer for consideration of I 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 ald other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall deposit 4 the original passport before the trial Court for issuance of the passport. The petitioner shall at libertv to file an application before the learned II Addition al Judicial Magistrate of First Class at Karimnagar seeking permission to travel outside India and the learned Magistrate, shall consider the same in accor-dance with 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. //TRUE COPY// SD/- P.PADMANABHA REDDY ASSTSAAI.rr REGTSTRAR \\\ U=8r'o* oFFrcER The Secretary, Ministry of External Affairs Govt of lndia, New Delhi The Regional Passport Office, D.No.8-2-2151o 219, Near Prashant Theatre, Kummarguda. Secunderabad, Telangana - 500003 One CC to SRl. MANDA RAMESH GOUD Advocate [OPUC] One CC to Smt ANJALI AGARWAL SC FOR RPO [OPUC] One CC to SRI GADI PRAVEEN KUMAR Dy. SOLICITOR GEN OF INDIA loPUCl Two CD Copies \ To, 1 2 3 4 6 KKS PSK 4. HIGH COURT DATED:20102t2025 CC TODAY oET --==-i.r t M T, () ?A a ';.... :l -) \ /,, ^ ORDER WP.No.5033 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS rc)cti8 $v--- --\A{