The High Court · 2025

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PE TITION NO: 6766 oF 2025 Between: Sanjeev Kumar polaooni. I trH$"-Hr,;ti1;,iril{:his:fiffi il#s}.fi:r#id;l:&:i#f I ...PETITIONER I3""Jl?{Hl,'il,1iiili:iEli::;:'xl#J:,UJillcenka,passporroffi cer, IisT,?'J:E?:3,flTti[":fl 5:,1.[";:%x!::33#gl?ofi oa-zzrsto ...RESPONDENTS AND

1. 2 "r petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fir"o ir,"i"rr,,n, the High court mav be pleased to pass an order or direction ,"i" pr.ti.rr"rry one in the nature of wiit of Mandamus to decrare the action *," n!.p"#"^I rg 2 in refusing passport services to the petitioner vide order dt. riioztzozs in Apprication No. HY2o77262031525 on account of peno"n.y or cd. r.ro 1ig1l2o23on the file of Special Judicial Maoistrate^ of. f i^i Cf r., f L*i.""i' nn District cum V Additionat Junior civir Judge c-um v Additionar A/eilp;i,t;;'Mrgistrate court at LB Nagar, RR District as i,eqat, hiqh handed ""; ;;-;;;;, apart rrom being in viotation of the rights of the petitioner under nrticre ra, ig Jni!r or the constitution of rndia and consequenrv set r aside the oro"r itlilo 2r202s in Apprication No. HY2077262031525 and direct the Respondeni No-.i to ."n"* the passport of the No. M7les452 r"', ;;il';;"r6 (t"n) years in te inier"st or ,'r:li:::"'bearins lA NO: 1 OF 2025 i .Pelition unde, S"Jtion 15i CpC prayi the affidavit filed in support of the p"iition suspend the order dated 1210212025 in ng thal in the circumstances stated in Fligh Court may be pleased to , -the Application No. Hy20tZ262O31S2S passed by the Respondent No.2 pending disposal of the Writ Petition in the interest of iustice lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppJ.t oi t," p"iition, Ihe nigr' Court-may be..pleased to direct the Respondent N;, b ieconsioe, ihe apptication of the petitioner vide A;;"I;;ii;" r.roi nvzozzzo'ioltszs bv applving correct provision of law pendins disposal of the above writ petition' Counsel for the Petitioner: SRI G' RAJKUMAR counserf ortheRespondents:tS?""-T5$I5:l[t1t',' SRI GADI PRAVEEN KUMAR' DY. SOLICITOR GENERAL OF INDIA The Court made the following: ORDER a THE HONOURABLE SRT JUSTICE J.SREENTVAS RAO WRIT PETITION No.6766 oF 2025 ORDER: This writ petition is filed seeking the following relief " -.. to issue a Writ Order or d irection more particularlA one in rhe nature of Writ of Mandamr.-,i"li.il"2- rthe acrrcn ol the . Respondent No.2 in refusing p"";p;;';;r;ces to the petitioner uide order at.tblozizoii-'i"' i"piiZorio. No. HY2O77262031525 on. ^account of pendencg oJ CC.NO. II9t/2o23 on the file of Speciat .riai[i"t i"iltrite oJ.First Class /Exirse,l, nn Oistrtit anm V Additional Ju'irZtuil Judge cum V Additional Metrooo_litan Magistrate Coui""oita Nogor, aury.t, ig1 handei "ni o,i,o,l' uparl from f,!,^?,::".?,,^,::, ,: utotatron of the ights ol the petitione, ,n1", Arlicte 14, ",":nS 19 and 2l of the Constitution of India and .o,o"qr"ntty ?:rd" the order dt.j2/o2/b02i ;;- ;;;u;;ion ""t .No. HY2077262O31525 and direct the n"rp."a"r{'ui) to reneu) th3-qa-ssoort of the petitioner beanng uo. M/i Oi+'Si''yo, o p"n a of 1O (ten) gears tn the interest of julstice.,, 2 Heard Sri G.Rajkurnar. learned counsel Jr tfre petitioner and Sri G.Venkateslivarlu, learned respondents. Standing Counsel for

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 lor the petitioner as well as the respondents, it appears that the issue was considered by 2 Co_ordinate Benches in W.p.Nos.g697 of 2O23 and 22218 of 2024- Both the leerned Single Judges relerred the Hon'ble Supreme Court . h_rclgmen t in Vangala Kasturi 2 Rangacharyulu a. Central Bureau of Inaestigationl and came to the finding that mere pendency of criminal case carnot be a ground to decline the renewal/reissue of pressport provided that the petitioner is ready for renewal/reissue of passport ln this case the petitioner is also ready to cooperate with the Tria-l Court in conclrrding the trial and he is a-lso willing to <;ooperate with the pending proceedings' In Vangala Kasturi 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 pen dencSr of criminal proceedings.

5. This Court is accordingly of the view that the Writ Petition can be dispos,:rl of by directing the petitioner 1'o subrrrit a reply totheletterdated12.o2.2o2S.TherespondentN.o.2shall consider the reply submitted by the petitioner etnd take steps for renewalofthepassportinduecomplianceofthefindingsofthe Hon'lcle Supreme Court in Vangala Kosturi Rangacharyalu | 2020 Crl.L.l.(SC) 57 Z 7 I \ (supra). The directions are as follows: (i) The petitioner sha_ll submit an undertaking along with an afhda'rit before the learned Special Judicial Magistrate of First Class (Excise)-cum-V Additiona_l Junior Civil Judge-cum-V Additional Metropolitan Magistrate at L.B.Nagar, Ranga Reddy in C.C.No.1t91 of 2023, stating that he will not leave India during pendency of the C.C. without permission of the Court and he will coopeiate with the Trial Court in concluding the criminal proceedings. (ii) The Trial Court shall issue a certihJd copy of the undertaking ald affidarrit within 2 weeks from the date of filing of the undertaking. (iii) The petitioner shall submit the certified copy of the aforesaid underta_king along with the reply/ explanation before the concerned passport Officer for consideration of his application for renewal of passport. (iv) The Passport Authority sha_ll consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the I 4 petitioner. The petitioner sha-ll also be at liberty to rely on the decisions in this regarC. The petitioner shall deposit the original passport before the trial Court in criminal case for rene',,r,,al of the passport. The petition':r shall at liberty to file an application before the learned Special Judicial Magistrate of First Class (Excise)-cum-V Additional Junior Civil Judge cum-V Additional Metropolitan Magistrate at L.B.Nagar, Ranga Reddy seeking permission to. travel outside India and the learned Magistral-e, 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, pendlng in this writ petition shall stand closed. There shall be o1{_e1 a-s t-o costs MAJI SD/-K. ASSISTANT RE STRAR //TRUE COPY// SECTION FFTCER I I To, 1 2 3 4 5 t) The Union of lndia, The Joint Secretary (PSP) and Cerrtral Passport officer, PSP Division, I\,4inistry of External Affairs, New Delhi rne Reoional Passoort Offier, Reqional Passport Office, D'No B-2-215 lo 219' t tear Prisnant Thebtre, Kummarquda, Secunderabad - 500003 one cc to sRl G RAJKUMAR, Advocate [oPUC] ONE CC tO SRI G VENKATESHVARLU, SC FORCENTRAL GOVT [OPUC] One CC to SRI GADI PRAVEEN KUMAR, (Deputy Solicitor General of lndia), High Court for the State of Telangana at Hyderabad. [OPUC] Two CD Copies BN HIGH COURT DATED:0610312025 CC TODAY ORDER WP.No.6766 of 2025 -( v\ E- ST,\ r6 q ,a 30 I'f,rt M DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,}K