Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation

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 fiespondent No 5 to recall notice dated 04.O3.2025 in file no. HY1077425954325 qesnsgl for the Petitioner; SRI MD.NAZEERUDDIIt KHAN pognsel fop the Respondent No.1 !o 3: GP FgR HOME Counsg! for lhe Respondent No.4 I 5; Ms. N-V.R,RAJYA LAKSHMI, . SC FOR CENTRAL GOVT. The Cqurt made the following: ORDER 'i'7 h HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.886L of 2025 ORDER: Heard learned counsel for the peEitioner and Ms.N.V.R.Rajya Lakshmi, learned standing counsel appearing on behalf of respondent Nos.4 and 5. With their consent, the writ petition is being taken up for disposal at the admission stage itself

2. This writ petition is filed seeking the following prayer:- "to declare the action of the Respondent No5 in refusing passport seroices to the Petitioner aide notice dated 04.03.2025 in fLe no.HY1077425954325 as tllegal high handed and arbitrary apart from being in piolation of the nghE of the Petitioner under Article 14, 1-9 and 21 of the Constitution of lndia and consequentLy set aside notice dnted 04.03.2025 in fle no.HY1077425954325 direct tht Respondent No.S to renezrt the passport of the Petitioner bearing No.N0j10622 for the peiod of 10 ten years.l'

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has passed an order in W.P.No.7450 of 2025 dated 11.03.2025 and the operative portion of the said order is as follows: "5. Accordingly, this urrit petition is disposed of zoith a direction to respondent No3 to consider the case of the petitioner and take steps for release of the passport in due compliance of the findings of the Hon'ble Supreme Court in the case of Vangala Kastui Rangacharyulu o. Ceutual Bureau of Inaestigationl. The tlirections are as follozos: (i) The respondent No.3 shall release the petitioner's Passport within 2 weeks ftom the dite of receipt of a copy of this order. Respondent No.3 shall inform tlu petitioner of the time nnd place for the reletse of Passport. I zozo crt.r-.1. lscy szz ,i2i, 'ccoperate (ii) The petitioner slull submit an undertaking nlong ruith an ffidaait before the learned XXII Attdl Chii Meiropolitan Magistrate, Secunderabad in C.C.No.1329 of 2022 snting ihat the petitioner utill not leaae Intlia tluring pendency oJ the C.t. uithout permission of the Court and the petitioner u.,ill utith tht Tnal Court in concluding the ciminal proceedings. (iil The Tial Court shall issue a cirh.fied copy of the undertaking and affidaait within 2 weeks lrom the date of fling of the underh*ing. (iu) The petitioner shall submit the cerhfied copy of tht .undertaking aforesmd concerned Passport Offcer .for consideration of his npplicition for reLease of passport. . @ The respondent No.3 shnll be at liberty of taking steps on brench o.f tfu under tnking. along utith the reply/explanntion 'befoie (.ai) The Passport Authoity shnll consider the documents in the light of the obseruations marle by the Courts as uell as the undertaking and other documents f.led by the petitioner. The petitioner shnll also be at liberty to rely oi the decisions in this rggard Tfu petitioner shall be at liberty io file an application before the learned XXII Addl Metropotitai tvtogrrt rti,' Secunderabatl seeking permission to traoel outside India. Tfu leanud XXII Addl Metropolitan Magistrate, Secunderabad, shall consider the same in accordance uith law. - of, accordingly."

6._ Recording the abooe said submission, toit petition is d.isposed 4 Learned counsel for the petitioner pray this Court to pass similar order as passed in W.P.No.7450 of 2025 dated1,7.OJ.2O2S.

5. Learned Standing counsel appearing on behalf of respondent Nos.4 and 5 reported no objection in passing similar orders.

6. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioner and take steps for release of the passport in due compliance of the findings of the Hon,ble ::3:: Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation2. The directions are as follows: t (i) The respondent authorities shall release the petitioner's Passport within 3 weeks from the date of receipt of a copy of this order. Respondents shall inform the petitioner of the time and place for the release of Passport. (ii) The petitioner shall submit an undertaking along with an affidavit before the XII ACMM, Nampally, in C.C.No.18050 of 2019, stating that the petitioner will not leave India during pendency of the C.C.No.18050 of 2019 without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. (iii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 1 week from the date of filing of the undertaking. (iv) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for release of passport. (v) The respondent authorities shall be at liberty of taking steps on breach of the undertaking. (vi) 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 the decisions in this regard. The petitioner shall be at liberty to file an application ' 2o2o crt.t.l. lscy slz I I ,24.i before the XII ACMM, Nampally, seeking perrnission to travel outside India. The learned XII ACMM, Nampally, shall consider the same in accordance with law. \ 7 Recording the above said submission, writ petition is disposed of accordingly Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs //TRUE COPY// SD/-P. PADMANABHA DEPUW REG DDY TRAR I SECTIO FFlCER To '1. The Hon'ble XIIACMM, Nampally, Hyderabad. 2. The Prlncipal Secretary for Home Department, State of Telangana. 3. The Commissioner of Police, Hyderabad City Commissionerate. 4. The Station House Officer, PS CCS, Hyderabad 5. The Joint Secretary (PSP) and Centrql Passport Officer PSP Division, Ministry of External Affairs, Union of lndia. 6 Tlre Fegional Pasqport Officer, Regional Passpgr! office, D.No. 8-2-216 lo ?,19 Kummarguda, $ecu6derqbad, 500003

7. Qne eC to $R! MD,NAZEERU9DIN 6HAN, Advocele IqPUCI 8. One 0p to rqe, N.V.R.RAJYA !-AKSHMI, FC FOR CENTML GOVT. IOPUC] I L*g qgs.tg-.G.I FOR HOME, High Ceurt for the State qf Telangana al Hyderabad [QUT]

10.Truo 9P Copies BSE BS g r,c ,r) ?125 P .) ti +,,' HIGH COURT DATED: 2710312025 ORDER WP.No.8861 of 2025 DISPOSING QF THE WRIT PETITION' wlrHour cosTs €* Pi4 w,