Vangala Krcturi Rongacharyulu v. Centrul Bureaa of Investigationt and came to the, finding that mere pendency of c

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETIT ION NO: 6398 0F 2025 Between: Sri tachireddy Shai Reddy, S/o.Late Bachireddy Harikishan Reddv. Aoe. 5o yfs,.9cc. Advocate, Rl/o.Flat No.202, preeti park-View Residency, noadflo.t, Madhava Nagar, Hyderabad - 500079. AND 1 f[g,U3i9n of lndia, Represgnted by its Secretary, Ministry of External Affairs U lV Urvtston I Vl, Section Patiala House Annexe, Government of lndia New Delhi

2. The Re.gional Passport Office, Door No.82215 to 219, Kummarguda Secunderabad ...PETITIONER ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate 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 petitioner made vide File No.Hyl077213os7szs dated 22-01-202s as illegal, arbitrary and without jurisdiction and to consequenfly direct the Respondents to forthwith renew the passport no.N3060'165 of the petition6r made vide File No.HY'|077283os7s2s dared 22-01-2o2s for a period of 1o years, under section 10 of Passports Act, 1967 and under Rule 12 of passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in c'c.No.1535 of 2024 on the file of the Hon'ble lv Addt. Metropolitan t\lagistrate cum lv AJCJ, R.R.District, at L.B.Nagar and also the Gazette Notificatioh jssued by the Central Government victe GSR No 520 (E) dated 25.8.1993. i-i lA NO: 1 OF 2025 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in sr"rpport of the petition, the High court may be pteased to direct the respondents to issue the passport for a period of 10 years, pending disposal of the writ petition. Counsel for the Petitioner: SRI JOSEPH DAVID Counsel for the Respondents: SRI cADl PRAVEEN KUMAR Dy. SOLICITOR GEN. OF IND|A The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.6398 oF 2025 ORDER: This writ petition is filed seeking the following relief: " ... to issue a Writ Order or direction more particularly one in the nature of Wnt of Mandamus declaring the action of 2nd Responfunt in not renewing the passport of petitioner made vide File No.I{YL077283057525 dated 22-01-2025 as illegtl, arbitrory and without iurisdiction and to consequefltly direct the Respondents to forthwith renew the passport No.N3060165 of the petitioner made vide F-ile No.11Y1077283057525 dared 22-01-2025 for a period of l0 years, under Section l0 of Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without re.ference to the criminal proceedings pending ogainst the petitioner in C.C.No.l535 rf 2024 on the file of the Honble IV ,lddl. Metropolitan l{ogistrate cum IV AJCJ, R.R.District, ctl L.B.Nagar and also the Gozette Notification issued by the Central Government vide GSR No 570 (E) dated 2 5.8.1993.. "

2. Heard Sri Joseph David, leamed counsel for the petitioner and Smt.Sushma, leamed counseI repr(-senting Sri G.Praveen Kumar, learned Deputy Solicitor General of India. fbr respondents

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

4. After hearing leamed counsel 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.8697 of 2023 and 22218 of 2024. Both the learned Single Judges referred the l{on'ble Supreme Court Judgment in ./ ! I 2 Vangala Krcturi Rongacharyulu v. Centrul Bureaa of Investigationt and came to the, finding that mere pendency of criminal case cannot be a ground to decline the renewal/reissue of passpoft provicled that the petltroner IS rerady 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. ln Vangola Kasturi Rangacharyulu (supra), the Hon'ble Supreme Court held that the Passport Authority cannot refirse thc release of passport on ttLe ground of pendency of criminal proccedings and accordingly dir,:cted the Passport Authority to rene\v the passpoft of the petitioner u'ith,rut raising objection relating to pendencl' of criminal proceedings

5. This Court is accordingly of the view that the Writ Pelition can be disposed of by directing the respondent No.2 to consider the explanation/repty submitted by the petitioner dated 13.02.2025 and take steps for rene,val of the passport in due compliance,rf the findings of the Hon'ble Suprerne Court in Vangala Kasturi Rangacharyulu (supra) The directions are as follows: I 2020 Crl.L.l.(Srl) {.2\ 3 (i) The petitioner shall submit an undertaking along with an affidavit before the leamed IV Additional Metropolitan Magistrate-cumJV Additional Junior Civil Judge at L.B.Nagar, Ranga Reddy District in C.C.No.l53 5 of 2024 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 concemed Passport Officer for consideration of his application for renewal of t ! passport. , I (iv) The Passport Authority shall consider the documents in the light of the observations made by the Courls as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at Iiberty to rely on the decisions in this 4 regard. The petitioner shall deposit the original passport before the trial Court in criminal case for renewal of the passport. The petitioner shall at liberty to file an application before the leamed IV Adclit.ional Metropolitan Magistrate-cum-lV Addit.ional Junior Civit Jtrdge at L.B.Nagar, Ranga Reddy Distlict seeking permission to travel outside India and the learned Mag,istrate, shall consider the same in accordance with law.

6. With the above observations, the Writ Petition is disp,:sed ol No CoStS Miscellaneous petitions, if any, pending in this u'rit petition shall stand closed. There shall be order as to costs. //TRUE COPY// SD/.A. SRINIVASA Affil:rANr REGI [)! secrtou o REDDY STRAR FFICER oT \

1. The Secretary, The Union of lndia, Ministry of External Affairs CTV Division TVi , Section Patiala House Annexe, Goveinment-of lndia New Delhi 2. The'Regional Passport Office, Door No.8221 5 to 219, Kummarguda 3. One CC to Sri Joseph David, Advocate IOPUCI - 4. on; CC to Sri Gadi irraveen Kumar Dy. Solicitor Gen of lndia [oPUC] 5. Two CD CoPies Secunderabad \ \ TJ BS w dE STAT f' 1 (! g o'r I'IAB 2025 \, 1\. .,.(,^ l'--ir;1',,;1, ,> * -l::- F Cl i': .t * HIGH COURT CC TODAY DATED:0410312025 ORDER WP.No.6398 of 2025 \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \