Gurram Bhavitha Reddy v. 1. The State of Telangana

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 a direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.3 in refusing to renew her passport Bearing No. N3100652 issued on 22-09-2015 and valid till 21- 09-2025 on the ground of pendency of Criminal case CC No. 10231202O pending on the file of learned Judicial First Class Magistrate, At Jangaon vide their letter in File No. HY1074922827625 dated 21-04-2025 and issued by the Respondent No.3 as illegal, Arbitrary and violative of Art '19, 21 and 300-4 of the constitution of lndia and consequently direct the Respondents to forthwith renew the passport of the Petitioner made vide File No. HY1074922827625 dated 21-04-2025 tor a period of l0 years, under Section 10 of Passports Act, '1967 and under Rule 12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in CC No. 102312020 on the file of the learned Judicial First Class Magistrate, At Jangaon and also the Gazette notification issued by the ;SY Central Government vide GSR No. 570 (E) dated 25-8-1993 by setting aside the rejection letter in File No.HY1074922827625 dated 2j-04-2025 issued by Respondent No.3 and to release the same to the petitioner herein in the interest of Justice. lA NO: 1 OF 2025 Petition under Section 1 51 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 Respondent No.3 to forthwith consider the application of the petitioner for renewal of passport vide File No.Hy107492282162s dated 2i-04-202s tor a period of 10 years, without reference to the criminal proceedings pending against the petitioner in c.c.No. 102312020 pending on the file of the learned Judicial First class firlagistrate, At Jangaon and also the Gazette Notification issued by the central government vide GSR No, 570 (E) dated 25-8-1993 by setting aside the rejection letter in File No.HY107492282762s dated 21-04-2025 issued by Respondent No.3 and to release the same to the petitioner herein in the interest of Justice. Counsel for the Petitioner: SRI M.ANAND KUMAR Counsel for the Respondent No.1: Gp FOR HOME Counsel for the Respondent Nos.2 & 3: SRI cADl PRAVEEN KUMAR, Dy. SOLICITOR GENERAL OF INDIA The Court made the fotlowing: ORDER (-, THE HONOURABLE SRI IUSTICE PULLA KARTHIK WRIT PETITION No.13111OF 2025 ORDER: This Writ Petition is filed seeking the following relief: "...to issue an appropriate Writ, order or direction more particularly one in the nahrre of Writ of Mandamus declaring the action of the Respondent No. 3 in refusing to renew her passport Bearing No.N3100652 issued on 22-09-2015 and valid till 21-09-2025 on the ground of pendency of Criminal case CC No.1023/2020 pending on the file of learned Judicial First Class Magishate At Jangaon vide their letter in File No.HY1074922827625 dated 27-04-2025 and issued by the Respondent No.3 as illegal, Arbitrary and violative of Art 19,21 and 300,{ of the constitution of India and consequently direct the Respondents to forthwith renew the passport of the Petitioner made vide File No.HY1074922827625 dated 21.-04-2025 for a period of 10 years under Section 10 of Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in CC No. 1.023 / 2020 on the file of the learned Judicial First Class Magistrate At Jangaon and also the Gazette notification issued by the Central Government vide GSR No.570 (E) dated 25-8-7993 by setting aside the rejection letter in File No.FIY1074922827625 dated 21,-04-2025 issued by Respondent No.3 and to release the same to the petitioner herein in the interest of |ustice..." I l I l 2

2. Heard learned counsel for the petitioner and the learned Deputy Solicitor General of India appearing for the respondents.

3. Learned counsel appearing for both the parties submitted that the issue involved in this Writ Petition was considered by two Co-ordinate Benches in W.P.Nos.8697 of 2023 and 22278 of 2024. Both the learned Single |udges referred to the jucigment of the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigatiod and came to the finding that mere pendency of criminal case cannot be a ground to decline the renewal of passport. The petitioner before the Court is also willing to cooperate with the pending proceedings. This Court also finds factual similarities between the present case and Vangala Kasturi Rangacharyulu's case (supra).

4. Accordingly, this Court is of the view that the Writ Petition can be disposed of by directing the respondent No.3 ' zozo crt-t..t. 1sc1 szz I i 3 to take steps for renewal of passport of the petitioner in due compliance of the findings of the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu's case (supra). The petitioner shall however comply with the following conditions: (i) The petitioner shall submit an undertaking along with an affidavit before the learned Judicial First Class Magistrate, |angaon, in C.C.No.1023 of 2020 stating that the petitioner will not leave India during pendency of the said case without permission of the Court and that the petitioner will cooperate with the trial Court in concluding the criminal proceedings. (ii) The trial Court shall issue a certified copy of the undertaking and affidavit to the petitioner within two weeks from the date of filing of the undertaking. t \ (iii) The petitioner shall submit the certified copy of the aforesaid undertaking before the concerned Passport Officer for consideration of her application for renewal of passport. (iv) The Passport Authorify 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 4 ,re petitioner shall also be at liberty to rely on the decisions in this regard. (v) The petitioner shall deposit the original passport before the learned Judicial First Class Magistrate, ]angaory after renewal of passport. The petitioner shall be at liberty to file an application before the learned |udicial First Class Magistrate, Jangaon, seeking permission to travel outside India. The learned Judiciai First Class Magistrate, Jangaory shall consider the same in accordance with law.

5. With the above observations/directions, the Writ Petition is disposed of. As a sequel thereto, n:Liscellaneous applications, if any, pending in the Writ Petition shali stanci closed. There shall be no order as to costs. SD/- P.PONNA KRISHNA ASSISTANT REGISTRAR /ITRUE COPY// SECTI Lt, gr0 OFFIcER . The Judicial First Class Magistrate, Jangaon. . iii; P;iilipri 5.",jt*y, Hoine de[artm-ent, Secretariat, Hvderabad, State of Telanoana. Secre"tarv. Union of lndia, Ministry of External Affairs, New Delhi. Fii.rort'btfi."r. Reqional Passport otfice, 8-2-215 to 2'19, Near Prashanth Theahe KummaioudZ, Secunderabad-500003 one cc to sRl IV|:ANAND KUMAR, Advocate [oPUC] Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hvderabad. IOUTI oire cCio siit cADl PRAVEEN KUMAR, Dv. sollclroR GENERAL oF rNDrA [OPUC] Two CD Copies I i I I I To 1 2 3 4 5 6 7 8 PSK. PSK& HIGH COURT DATED:1410512025 ORDER WP.No.13111 of 2025 VACATION COURT .-::- ,f ,-.,-] I )- ,{'.," i!, l a) 'L! rlr- \$ .s 2\, .\s l:I ,( .\, HX- DISPOSING OF THE WRIT PETITION WITHOUT COSTS