High Court · 2025

Petition under Article 226 of the Constitution of lndia prayrng that in the circumstances stated in the affidavit filed therewith, the Hiqh Court may be pteased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondent No.2 in not issuing a Passport to the Petitioner vide Letter in Ref. No. SCN/320563095125 dL23-O1- 2025 pertaining to File No. HY8067277327125 referring to pendency of crimtnal case in Crime No. 350 of 2023 on the file of [,4ills Colony Police Station, now pending in C.C.No.1274 of 2023 wrongly mentioned as C.C.NO. 2055 of 2023 in the Letter dt.23-01-2025 of the 2nd respondent on the file of I Addl. Judicial First Class Magistrate, Warangal as highly illegal, arbitrary and in violation of Article 14 and 21 of the Constitution of lndia and consequently set aside the Letter in Ref. No. SCN/320563095/25 dl. 23-01-2025 and direct the 2nd respondent to issue a Passport to the Petitioner without reference to pendency of Crtme No. 350 of 2023 on the file of Mills Colony Police Station, now pending in C,C.No. 1274 ol 2023 wrongly mentioned as C.C.NO. 2055 of 2023 in the Letter dt. 23-01-2025 ot lhe ! 2nd respondent on the file of I Addl. Judicial First Class Magistrate, Warangal forthwith. lA NO: 'l OF 2025 Petition under Section 1 5'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petltion, the High Court may be pleased to direct the Respondent No.2 to issue a fresh Passport to the Petitioner without reference to pendency of Crime No. 350 oI 2023 on the file of Mills Colony Police Station, now pending in C.C.No.1274 of 2023 [wrongly mentioned as C.C.NO. 2055 of 2O23 in the Letter dl.23-O1-2O25 of the 2nd respondentl on the file of I Addl. Judicial First Class Magistrate, Warangal. Counsel for the Petitioner: SRl. G. SUNDARESAN Counsel for the Respondents: SMT. N.V.R. RAJYA LAKSHMI The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.6658 OF 2025 ORDER: This writ petition is filed seeking the following relief: " ... to issue a Wit Order or direction more porticularly one in the nature of Wit of Mattdam:ts declaing the action of the Respondent No.2 in not i,ssuing a Passport to the Petitioner uide Letter in Ref. No.SCN/ 32O563095/ 25, dt.23-O1-2025 pertaining to File No.HY8067277327125 referring to pendencg of ciminal case in Cime No. 35O of 2023 on the file of MiLls Colong Police Statio4 nou-' pending in C.C.No.1274 of 2O23 utronglg mentioned as C.C.NO. 2055 of 2023 in the Letter dt. 23 01-2025 of the 2nd respondent on the file of I Addl. Judicial Airst Class Magistrdte, Warangal as highlg illegal, arbitrary and in uiolation of Article 14 and 21 of the Constitution of India and consequentlg sef aside the Letter in Re-f. No. SCN/ 320563095/ 25 dt. 23-01-2025 and direct the 2nd respondent to issue a Passport to the Petitioner uithout rekrence to pendencg of Cim.e No. 350 of 2023 on the -file of Mills Colony Police Statlon, rLotu pending in C.C.No. 1274 of 2023(wronglg mentioned os C.C.I[o 2055 of 2023 in the Letter dt. 23-01-2025 of the 2nd respondent) on the Jile of I Addl. Judicial Flrst Clo,ss Mogistrate, WarcLngal forthtuith. "

2. Heard Sri G.Sundaresan. learned counsel for the petitioner and Smt.N.V.R.Rajya Lakshmi, learned 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 counsel appearing for the petitioner as well as the respondents, it appears that the issue was considered by 2 Co-ordinal.e Rerrches in W.P.Nos.8697 of 2023 2 ar:d 22218 of 2024. Both the learned Single Judges referred the Honble Supreme Court Judgment in Vangala Kasturl Rangacharyulu u. Central Bureau of lrutest:lgationt and. came to the finding that mere pendency of criminal case cannot 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 ald he is also willing to cooperate with the pending proceedings. In Vangala Ka.sturl Rangacharyulu (supral, 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 crimina,l proceedings.

5. This Court is accordingly of the view that the Writ petition can be disposed of by directing the petitioner to submit a reply to the letter dated 23.01.2025. The respondent No.2 shall consider the reply submitted by the petitioner and take steps for 1 2020 Crl.L.f.[SC) s72 I I 3 lssuarce of the passport in due compliance of the findings of the Honble Supreme Court in Vangala Kdsturi Rangacharyulu (supra). The directions are as follows: (i) The petitioner shall submit an undertaking along with an affidavit before the learned I Additional Junior Civil Judge-cum-I Additionai Judicial Magistrate of First Class, Warangal in C.C.No. l2Z4 of 2O23, 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 criminai proceedings. (ii) The Trial Court sha-lI issue a certified copy of the undertaking ald 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 Oflicer for consideration of his application for issuance of passport. I t I (iv) The Passport Authority shall consider the documents h ifre Ught of the observations made by the Courts as well + I as the undertaking and other documents hled by the petitioner. The petitioner shall a-lso be at liberty to rely on the decisions in this regard. The petitioner shall deposit the originai passport before the trial Court in criminal case for issuance of the passport. The petitioner shall at liberty to file an application before the learned I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First Class, Waralgal seeking permission to travel outside India and the leerned Magistrate, shall consider the same in accordance 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 shal1 be order as to costs. ,TRUE COPY// SD/. A.V.S. PRASAD AS ST NT REGISTRAR CTION OFFICER To,

1. The Secretary, Union of lndia, Ministry of External Affairs, 23D, Janpath Road, Raipath Area, New Delhi - 1 10001. Kummarguda, Seecunderabad - 500 003-

2. The Regional Passport Officer, Passport Office at D.No.8-2-215 to 219, 3. One CC to Sri G. Sundaresan, Advocate [OPUC] 4. One CC to Smt. N.V.R. Rajya Lakshmi, Advocate [OPUC] 5. Two CD Copies TJ BM h,,' / HIGH COURT CC TODAY DATED:0510312025 ORDER WP.No.665B of 2025 IHE S IA 14: Os ( o^ o o 0 7 t'lAR 2ffi * DESrrarft-r.-.() n ,riz a) \ I DISPOSING OF THE WRIT PETITION WITHOUT COSTS g 4t ,/> 7 /tt I