High Court · 2025

Petition under Article 226 ol 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 or direction preferably a wril in the nature of writ of mandamus or any other appropriate writ declaring the Letter Ref. No. SCN/3141 11109123, dt.1710112023 issued by the respondent No.2 and in not renewing the petitioner's application vide file No.HY1074952172523' dl.09lo2l 2023 for renewing the Passport bearing No.L2231881 due to pendency of CC No.893/2022 on the file of the lst Addl. Jr. Civil Judge Court at tt/iryalguda (Crime No.34t2O22, PS Miryalguda) and CC No.960i2023 on the file of the Xth Addl. Metropolitan Magistrate, Cyberabad at Kukatpally (Crime No.'12812023' PS Gachibowli) and in not considering petitioner's representation submitted on OgtO2l2O23 to the 2nd respondents along with necessary documents as illegal' arbitrary and unconstitutional and contrary to the provisions of the Passport Act, 1967 and consequently direct the respondent No.2 to renew the Passport bearing No.L2231881 of the petitioner for further period of '10 years without reference to the CC No.89312022 on the file of the 1"r Addl. Jr. Civil Judge Court at Miryalguda (Crime No.34l2022, PS Miryalguda) and CC No.960/2023 on the file of the Xth Addl. Metropolitan Magistrate, Cyberabad at Kukatpally (Crime No.128t2023, pS Gachibowli. lA NO: 't 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 consider the petitioner's representation dt.og-02-2023 tor renewal of Passport rrvithout reference to the cc No.g03/2022 on the file of the 1st Addl. Jr. Civil Judge Court at [\Iiryalguda (Crime No.34/2OZZ, pS Miryalguda) and cc No.960/2023 on the file of the xth Addl. Metropolitan Magistrate, cyberabad at Kukatpally (Crime No. 1 28 12023, PS Gachibowli) Counsel for the Petitioner: SRI K. JAGADISHWAR REDDY Counsel for the Respondents: SRI GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF tNDtA The Court made the rfollowing: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.6391 OF 2025 ORDER: This writ petition is filed seeking the following relief: " ... to issue a Iryr Order or direction more pariicularly one in the nalure of Writ of Mandamus declaring the Lefter Ref No.SCN/3t4111109/23. dt.17/01/2023 issued by the respondent No 2 ancl in not renetring the petitioners application vide file No.HY|071952172523, dt.09/03/2023 for renewing the Passport bearing No.L223l881 due to pendency of CC No.893/2022 on the file oJ the lst Addl. Jr. Civil Judge Court at Miryalgrula (Crime No.34/2022, PS Miryalguda) ancl CC No.960/2023 on the file of the Xth Addt. Metropolitan Magistrate, Cyberabad at Kukatpally (Crime No.128/2023, PS Guchibowli) and in not considering petitioners representqtion submilted on 09/02/2023 to the 2nd respondenls along wilh necessary documents as illegal, arbitrary and unconstitutional and contrary to the provisions of the Passport Act, 1967 and consequently direcl the respondenl No.2 to renew the Passport bearing No. L2231881 of the petilioner for further perbd of l0 years vlithout reference to the CC No.893/2022 on the Jile oJ'the lst '4ddl' 'Ir' Civil Judge ()ourt at Miryalguda (Crime No.34/2022' PS Miryalgucla) uncl CC No.960/2023 on rhe file of the Xth Addl. Metropolitan Magistrate, Cyberabad at Kukatpally (Crime No.l28/2023' PS Gachibowli.. "

2. Heard Sri K.Jagadishwar Reddy, learned counsel for the petitioner and Smt.Sushma, learned counsel representing Sri G.Praveen Kumar, learned Deputy Solicitor General oflndia, 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 BefrcEEs in W.P.Nos.85 97 of 2023 ald 22218 of 2024- Both the 2 leamed Single Judges referred the Hon,ble Supreme Courr Judgment in Vangala Kosturi Rungacharyula v. Central Bureau of Investigationl and came to the finding that mere pendency ofcrinrinal case cannot be a ground to de<:line the renewal/reissue of passpoft provided that the petitioner is readv for renewal/reissue of passpolt. ln this case the petitioner is also ready to cooperate with the Trial courl i, concruding the trial and he is also willing to cooperate with the pending proceedings. In Vangolu lt'ssturi Rangacharyulu (supra), the Hon,hle Supreme Court held that the passporl Authority cannot refuse the release of passport on the ground of pendency of criminal procr:edings and accordingly dir:cted the passport Authority to renew the passport of the petitioner u'ith'ut .aising objection rerating to pende,cy of criminal proceedings.

5. This Court is accordingly of the view that the Writ petition can be disposed of by directing the respondent No.2 to c.nsider the explanation/reply submitted by the petitioner dated 0g.02.20'.23 and take steps for renerrzal of the passport in due compliance of the findings of the Hon'ble Suprenre Court in Vangala Kasturi Rangacharyulu (supra). 1 2020 Crl.L.l.(SC) 5t2 3 The directions are as follows: (i) The petitioner shall submit an undertaking along with an affidavit before the leamed I Additional Junior Civil Judge at Miryalaguda in C.C.No.893 of 2022 and before the learned X Additional Metropolitan Magistrate, Cyberabad at Kukatpally in C.C.No.960 of 2023 Additional Metropolitan Magistrate, Cyberabad at Kukatpally in C,C.No.960 of 2023 stating that he will not leave India during pendency of the C.Cs. without pennission of the Courl 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 concemed Passport Officer for consideration of his application for renewal of I I passport. (iv) The Passport Authority shall consider the documents in the 4 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 the decisions in this regard. T'he petitioner shall deposit the original passport before the trial C,rurt in criminal case for renewal of the passport. The petitioncr shall at libefty to file an application before the leamed I Additional Junior Civil Judge at Miryalaguda and leamed X Addition,rl Metropolitan Magistrate, Cyberabad at Kukatpally, seeking permission to travel outside India and the leamed Magistrat.e, shall consider the same in accordance with law.

6. With the above obseryations, 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/-A. SRTNTVASA REDDY AqqqTANT REGISTRAR / \ \t'-_ _ J 'secrroru oFFrcER /

1. The Joint Secrr:tary (PS) and Chief Passport Officer, The Union of lndia, Ir/inistry of Exterrnal Affairs, Patala House, Annexe, Tilak Marg, New Delhi. 2. The Regional F'assport Officer, Regional Passport Office, Hyderabad, D.No.B- 2-215 to 21 9, K.ummarguda, Secunderabad-500 003. 3. One CC to Sri K. Jagadishwar Reddy, Advocate [OPUC] 4. One CC to Sri Gadi Praveen Kumar Dy. Solicitor Gen. of lndia [OPUC] 5. Two CD Copies s To, TJ BS I , HIGH COURT CC TODAY DATED:04/0312025 .rP i "i iAl.€ q o 7 0 5 t1[?, /trh fr , ORDER WP.No.6391 of 2025 DISPOSING OF DTHE WRIT PETITION WITHOUT COSTS @qf'q +ff