✦ High Court of India · 11 Apr 2025

Court in Vangala kasturi Rangacharyulu v. Central Bureau of Investigationl, disposed

Case Details High Court of India · 11 Apr 2025
Court
High Court of India
Decided
11 Apr 2025
Bench
Not available
Length
1,101 words

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 a writ, order, or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the letter dated 21-03-2025 (wrongly typed as 11-02-2025) vide No.HY4077393765325 of the 2nd Respondent in not renewing petitioners Passport bearing No.M7497450 pursuant to the application in File number HY4077393765325 dated 11-02-2025 on the ground of pending Criminal cases vide C.C. No.3032 ot 2021 C.C. No.2980 Ot 2021 and C.C.No.2974 Of 2021 all on the file of the Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar as illegal, arbitrary, u nconstitutional, in violation of principles of natural justice and contrary to the provisions of The Passports Act, 1967 and consequently set aside the letter dated 21-03-2025 and direct the 2nd respondent to renew petitioners passport bearing No.M7497450 pursuant to the application daled 11-02-2025 without reference to the said criminal cases. lE! ,.:e..- IA NO: 'f 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 2nd respondent to consider the petitioner's application vide File number HY407739'.\765325 dated 11-02-2025 for renewal of Passport bearing No.M7497450 without reference to Criminal cases vide C;.C. No.3032 of 2021, C.C. No.2980 Of 2021 and C.C.No.2974 Of 2021 all on the file of the Judicial Magistrate of First ,llass (Special Mobile PCR) at Karimn agar pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI P.LAKSHMA REDDY Counsel for the Respondents: SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N,V. SHRAVAN KUMAR W.P. No.1O788 of 2O25 ORDER: Questioning the action of respondent No.2 in issuing letter dated 21.O3.2O25 refusing to renew the passport of the petitioner bearing No.M7497450 on the ground of pendency of criminal cases in C.C.No.3O32 of 2O2l; C.C.No.2980 of 2O2l and C.C.No.2974 of 2O2l on the file of the Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar as illegal and arbitrary and consequently direct respondent No.2 to renew the passport of the petitioner and release the same, the petitioner filed the present writ Petition'

2. It is submitted by the learned counsel for the petitioner that there are three criminal cases pending against the petitioner and his family members in C'C.No.3O32 of 2O2l; C.C.No'2980 of 2O2l and C.C.No.2974 of 2O2I on the file qf the Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar, based on which the passport of the petitioner is not being renewed by the respondent authorities.

3. It is further submitted that this Court, taking into consideration the principle laid down by the Honble Supreme t =t Z w I'. No.10788 or 2025 Court in Vangala kasturi Rangacharyulu Vs. Central Bureau of Investigationl, disposed of several writ peti:ions with certain conditions and sought to pass similar order.

4. On the otht-'r hand, the learned Standing Counsel appearing for rhe respondents does not dispute the same.

5. Havir,g considered the submissions made by the leamed counsel on ejthcr side and with their consent, this writ petition is disposed ol u,ith the lollowing conditions: (i) (ii) (iii) The petitioner shall submit an Lrndertaking along u,ith an affidavit before the Judir:ial Magistrate ol First Class (Special Mobile PCR) et Karimnagar in C.C.No.3032 of 2021; C.C.No.298O of 202 1 and C.C.No.2974 of 2O2l , stating that the petitioner u,ill not leave India during pendency of the said C.Cs. u,ithout permission of tht: Court and the petitioner u,ill cooperate with the Trial Court in concluding the criminal proceedings. The Trial Court shall issue a cerLified copy of the undertaking along with an affidavit within Two (2) u,eel<s from the date of filing of thr: undertaking. The petitioner shall submit the certified copy of the :rforesaicl undertaking along with repl-v/ explanation before the corLcerned Passport ' uozo c.l.L.l. lsc'1 -s'': (iv) (v) (vi) (vii) ,) 3 NVSX, J W.P. No l0?88 o12025 Officer for consideration of his application for renewal of passport. The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documenrs filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The Passport authority is directed to renew the passporl of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court. The petitioner shall deposit the original passport before the Judicial Magistrate of First Class (Special Mobiie pCR) at Karimnagar after renewal of the passport. The petitioner shall be at liberty to file an application before the Judicial Magistrate of First Class (Special Mobile pCR) at Karimnagar, seeking permission to travel outside India. .The Judicial Magistrate of First Class (Special Mobile pCR) at Karimnagar, shal I con sider the sarne in accordance with law.

6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. 4 NVSX, J w P No.l07EB of2025 As a seq rrel, miscellaneous applications, if any pending, shall stand closed. //TRUE COPYII SD/.P. PADMANABH A REODY E UTY REGts To '1 . The princi pal Secreta ry, Union of lndia Block, Se cretariat, Ra isina Hill, New Delhi, I The Regional pass port Officer Olo. The Regional pa ssport Office Hydera bad DNo 9.-) -215 to 219 One CC to SRI P,LA KSHMA RE One CC to SRI GAD IPRAVEEN KUMAR Deputvsolicitor General of lndia \l Ministry of Extemal Affa irs, South rguda, Sec vocate Kumma DDY, Ad underabad loPUCI J ECTION OFFICER IoPUC wo CD Copies J 4. 5.7 PSK. BS HIGH COURT DATED:1110412025 ORDER WP.No.10788 of 2025 ) rt' 1 HE STAI e k 3 1r rPH zffi I C. !;,AI-C DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 4 \2

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