SRI T v. RAMANA RAO

circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ, Order or direction more one in the nature of WRIT OF MANDAMUS declaripg the action of the respondent No.2 in issuing the impugned Refusal letter dated 17-04-2025 vide Letter No.Hy10749281s322s calling upon the petitioner herein to submit acquittal orders in c.c.No.1139 of 2015 on the file of Hon'ble ll Addi. JFCM court at Huzurabador obtain permission to depart from lndia from the same Hon'ble court where the criminal proceedings are still pending as illegal, arbitrary and violation of Article 14,21 of the constitution of lndia besides violation of principles of natural justice and consequenily .direct the 2nd respondent hereirr to forthwith Reissue the Passport to the petitioner in the interests of justice IA NO: 1 OF 2025 .affidavit Petition under section 151 CPC praying that jn the circum''tances stated f iled in s upport of the petition, the High Court may be pleased to in the direct the 2!d responclent to forthwith Reissue the Passport to the pgtitioner wilhout refe[ence to the Refusal letter dated: 17110412025 vide Letter No.Hy1074928153225 of the 2nc respondent pending disposa of the Writ Petition in tho interests of Justice. Counsel for the Petitioner: SRI T. V. RAMANA RAO Counsel for the Respondent No.1: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA Counse! fo7 the Respondent No.2: Ms. N.V. R. RAJYA LAKSHMI, STANDINq COUNSEL The Gourt made the following: ORDER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12369 of 2025 ORDER: Heard learned couruel for the petitioner and Ms.N.V.R.Rajya Lakshmi, learned standing counsel appearing on behalf of respondents. With tire consent of the parties, 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 No.2 in issuing tlu impugned Refusal letter dated 77.04.2025 oide ktter No.HY1074928153225 calhng upon the petitioner herein to submit acquittal orders in C.C No.1139 of 2015 on the fle of Hon'ble II Addl. IFCM Court at Huzurnbad or obtain permission to depart from lndia from the same Hon'ble Court uherc the ciminal proceedings are sti pending as illegal, arbitrary and oiolation of Article 14, 21 of the Constitution of lndia besides aiolation of principles of natural justice and consequently direct the 2na respondent herein to forthzoith Reissue the Passport to the pe titioner ."

3. Learned counsel for the petitioner submits that the petitioner on expiry of his passport bearing No.M8484665, had applied for rcnewal aide application Nd.HY1074928153225 dated 24.02.2025, wherein rhe petitioner had disclosed the details about the pendency of C.C.No.1139 of 2015, on the file of II Addl. JFCM Court at Huzurabad. It is further submitted that the respondent No.2 issued refusal letter dated,77.04.2025, directing the 'petitioner to submits acquittal ord.ers or obtain permission to depart India from the same ,from Court ruherein the ciminal proceeding are still pending'. Aggrieved by the same, this writ petition is filed. ii2.i

4. Learned counsel for the petitioner would further submii, that while dealing with the similar circumstances, this Cout aide order date d 07 .04.2025 had disposed of the w.P.No.10352 of 2025 with certain conditio:rs and pray this Court to pass sirnilar order as passed in W.P.No'10352 of 2025 '

5. l-earned Standing counsel appearing on behalf oI resporrdent Nos't and 2 reported no obiection in passing similar orders.

6. Accordingll, this writ petition is disposed of with a 'lirection to respondent authorities to consider the case of the petitioner and take stePs fol release of the passport in due compliance of the findings of lhe Horlble Supreme Court jn the case of Vangala Kasturi Rangacharyultr v' Central Bureau of Investigationl. The directions are as follows: (i) (ii) (iii) 'Ihe petitioner shall submit an undertaking al'rng with an affidavit before the II Addl. JFCM Court at Hr tzurabad, in C.C.No.1139 of 2015, stating that the petitior rer will not leave India during pendency of the said C.C. without ' permission of the Court and the petitioner will cooperate r,"'ith the Trial Court in concluding the criminal 1'roceedings. The Trial Court shall issue a certified crrpy o( the undertaking along with an certified copy of the Affidavit filed in C.C.No.1139 of 2015 within Two (2) n'e':ks from the date of filing of the undertaking' The petitioner shall submit the certified c opy of the aioresaid undertaking and Affidavit a1on1; with the I zozo cy.r.s. {sc) stz (iv) (r) ("i) (vii) ..?.. rcply / explanation before the concerned passport Officer for consideration of his application for 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 documents 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 issue the passport 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 the II Addl. JFCM Court at Huztrabad, in C.C.No.1139 of 2015 after issuance of the passport The petitioner shall be at Iiberty to file an application before the II Addl. JFCM Court at Huzurabad, seeking permission to travel outside India. The II Addl. JFCM Court at Huzurabad, 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 COPYII SD/-P. PADMANABHA REDDY 7 DEPUW REGISTRAR SECTION OFFICER 'I . The Secretary, Ministry of External Affairs, Uni o of lndia., South Block, Secretariat, Raisina Hill, New Delhi - 110 001. 2. The Regional Passport Officer, Office of Regional Passport Office, Door No.g- 2-215-to 2019, Kummarguda, Secunderabad - 500 003,'Telangana State. 3. One CC to SRI T. V. RAMANA RAO, Advocate IOPUCI 4. One CC to SRI cADl PRAVEEN KUMAR, Deputy Sciticitor General of lndia 5. One CC to Ms N.V. R. RAJYA LAKSHMt, Standing Counset tOpUCI 6. Two CD Copies loPUcI To, MP^ BSS I I GC TODAY HIGH COURT DATED:2 410412025 '.: f \, .--- -- :--- (r_. ;1 k: 29 rin zffi ( 7 ,:) ORDER WP.No.12369 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS G)cq,'09 $