High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order, or Direction, declaring the action of 2nd Respondent in not renewing the passport of the petitioner made vide File No. HY1077291751125 dated 09.01 .2025, as illegal, arbitrary and without jurisdiction and to consequently direct the Respondents to forthwith renew the passport of the petitioner made vide File No. HY1O77291751 125 dated 09.01.2025, for a period of 10 years, under Section 10 of Passports Act, 'l 967 and under Rule 1 2 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in C.C. No. 242412023 before the ll Addl. Junior Civil Judge-cum-lX Addl. Metropolitan Magistrate, Medchal-Malkajgiri District at Medchal, and CC1129612023 on the bench of lll Addl. Junior Civil Judge-cum-X Addl. Judicial Magistrate of First Class at Medchal, Athevelly 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 *''n consider File No. HY1077291751 125 dated J# ;;51,,:;;;"??n "?"1?' Counsel for the Petitioner: SRI' K S SAI PAVAN Counsel for the Respondents: SRI GADI PRAVEEN KUMAR Dy' SOLICITOR GEN. OF INDIA The Court made the following: ORDER - :.1 -, o THE HONOURABLE WRITPETI SRI JUSTICE J'SREENTVAS RAO TION N o.5 L24 0F 2025 oRDER: This writ petition is filed seeking the following relief: t^ issue a Writ Order or direction more particularly , - .;- 1"" i"." ,iw.it or Mandamus declaring the action of ;:: ["xi;.;: ; H *,,;;xl? ff ;; ""J"?:: % f; ff b1,3T: ,r,? *,tt'o"t jurisdiction and to consequentlv f:::' ;iTJ; lf :1,T:.J'i;*i:,".',r*N:H:t2,H,11","#:'::*: 331[11]31'';,r,"ff 1,::.'3,1""fr".$1"Lff,'S,:il"1orr."J rilri:"qif ::il::;tTfl,$3T:ii:"-:#",',i1t5,T#:: [*s[#r*l'xuih*q;t'r*':mi-* Z- Heardsri K'S'Sar Pavan' learned counsel for the petitioner and Si G.Praveen Kumar' learned Deputy Soiicitor 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 well as the respondents' it appears that the issue was consiilered by 2 Co-ordinate Benches in W'P'Nos'8697 of 2023 and222lpof2024.Bo|nthelearnedSingleJudgesreferredthe 1n Vangala Kqsturi Hon'ble 'Strpreme Court Judgment 1 2 i Rangacharyulu a. Central Bureau of Investigqtionl and, came to the linding that mere pendency of criminal case carnot 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 r.l,ith the Trial Court in concluding the trial and he is also r.r,illing to cooperate with the pending proceedings. In Vangala Kasturi 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 petitioner without raising objection relating to pendency of criminal proceedings.

5. This Court is accordingly of the view that the \\i.rit petition can be disposed of by directing the petitioner to submit a reply to the letter dated 22.01.2025. The respondent No.2 shall consider the reply submitted by the petitioner and take steps for renewal of the passport in due compliance of the lindings of the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu t 2020 Crt.L.1.(SC.) 572 3 (supra). The directions are as follows: (i) The petitioner shall submit an undertaking along with an affidavit before the learned III Additional Junior Civil Judge-cum-X Additionat Judicial Magistrate of First Class, Medhcal, Athevelley in C.C.No. 1296 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 ciiminal 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/ explanatiort I before the concerned Passport Officer for consideration of his application for renewal ol 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 *" 4 the decisions in this regard. The petitioner shall deposit the original passport before the trial Court for renewal of the passport. The petitioner shall at liberty to file al application before the learned III Additional Junior Civil Judge-cum-X Additional Judicial Magistrate of First Class, Medhcal, Athevelley seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordar-rce 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. SD/.P. PADMANABHA REDDY REGISTRAR ASSI //TRUE COPY// ON OFFICER To,

1. The Secretary Ministry of External Affairs, CTV Division, TVl Section, Patiala House, Annexe Govemment of lndia, New Delhi. 2 The Regional Passport Office, (Hyderabad), D. No. 8-2-2'15 to 219, Kummarguda, Secunderabad, Telangana - 5000003. One CC to SRl. K S SAI PAVAN Advocate [OPUC] One CC to SRl. GADI PRAVEEN KUIMAR Dy. SOLICITOR GEN. OF INDIA loPUCl 3 4

5. KKS BS Two CD Copies o I CC TODAY ( '.: ,.) r.J 14 /{: ((.( z o 21rEB zffi ,-.- ; r ,i-- HIGH COURT DATED:2010212025 ORDER WP.No.S124 oI 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 2t