G. Srinivas v. 1. Union Of lndia

Petition un{er 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 action of the Respondents in not renewing the Petitioners passport bearing No. L8321521 on the ground of pendency of C.C. No. 13 of 2021 , now renumbered as C.C. No. 224 of 2024 on the file of Prl. District and Sessions Judge, Karimnagar as being arbitrary, illegal, violative Section 6(2) of the Passports Act. 1967 and also violative of Articles 14 and 21 of the Constitution of lndia and consequently direct the Respondents to renew Petitioners passport bearing No. L832 1 52'1 . lA NO: 1 OF 2l2li Petition urrcle llection 151 CPC praying that in the cirr;unrstances stated in the affidavit filer r support of the petition, the High Court rna y be pleased to pass an order dirr:c rrg the Respondents to renew Petitioner$ passport bearing No. LB32'1521 oLrir : nt to Application No.24-2002704270 Counsel for the [,r:t tioner: SRI D.JAGAN MOHAN REDDY Counsel for the Rr:s oondent No.1 to 4: SRI PULIMAMIDI SHASiHIDHAR REDDY, SC FOR CENTRAL GOV] . The Court made the following: ORDER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.15690 of 2025 ORDER: Heard learned counsel for the petitioner and Sri. pulimamidi Shashidhar Reddy, learned standing counsel appearing on behalf of respondent Nos.1 to 4. 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 tlu action of the Respondtnts in not reneuing the Petitioners passport bearing No.L8321521 on tlrc ground of pendency of C.C No.13 of 2021, noru renumbered ns C.C No.224 of 2024 on the fle of Prl. District and Sessions ludge, Kaimnagar, ns being arbitrary, illegal, uiolatiue Section 6(2) of the Passports Act, 1967 and aLso uiolatioe of Articles 14 and 21 of the Constitution of India and conseqttently direcl the Respondents to renew Petitioners passport beaing No.L8321521 ."

3. I'oday when the matter has been taken up for hearing, lcarned counsel for the petitioncr would submit that in similar circumstances, this Court has passed an order in W.P.No.5398 of 2025 dated.01.03.2025 and the operative portion of the said order is as follows: "5. This Court is nccordingly of the oierL) that tlrc Wit Petition can be disposed of by directing the respondent No.2 to consider tlu expLanation/reply submitted by the petitioner dnted 73.02.2025 and takt steps for renerual of the passport in du.e compliance of the fndings of the Hon'ble Supreme Court in Vangala Kasturi llangacharyulu (supru) The directions are as follotLts:: (i) The petitioner shnll submit an undertaking aLong ruith nn ffidaoit before the learned IV Additional Metropolitnn Magistrate-cum-IV Additional Junior Ciuil ludge nt L.B.Nngar, Ranga Reddy District in C.C.No.'1535 of 2024 stnting tlnt he u'ill not leme India during pendency of the C.C ttitlrcut permission of tlrc Court nnd he toill cooperate roitll tte irinl Court in conclutling the criminal proceedings. \ ^. ' ..r.. ( ii) The Tinl Court shall issue t certiJitd c(py o.f the 'o,n 'he drtte of tlt'Ldertaking nnd affdaait ruithin 2 rueels .f fiLing of the underttking. lii) Tlu petitioner slmll submit the terti.fir:rl c py of the nforesnid undertaking along uith tlr rayl r/et.plwmtion before the concerned Passport O[fcer fcr cot tsir,leration of his applicntion for reneanl of passport. (iu) Tlrc Pnssport Authoity shall consider tlLe rbcunrents in tlrc light of tlrc obsentations nnde by tlu (ou'ts ns rueLl as tltc unrlertnking and other dounnents 7L d bu the petitioner. Tlrc petitioner shaLL also be at lil'e;ty to rely on tlLe decisions in tl s regard. The petitiottLt'sltr,lL rbpostt the originaL passport before the trial Court in o itair,al case for renetLtol of tlu passport. Tht pehtioner shtLl tt Liberty to file nn npplication before the leanted t\' ,\dditional Me tropolit an Magistrate-cum- lV Addition rtl I u nior Ciail ludge nt L.B.Nagar, Rnnga Reddv D s,ritt set:king permission to traztel outside lndia arul tlte lenrned Magistrate, shall consider the snme ht nL c,vtl tttctl ti,itlt Iart,. Ir nbote obserttations, tlrc Writ PetitiotL is di:po,;ed of. No 6lVtl !.os' s " 4 ,ear t( counscl for the pctitioner pray this Court t , pass similar order as passecl r 1 , P.No.6398 of 2025 dated 04.03.2025 5 ,-ea r]t€ Standing counsel appeadng on beharf of lespondents reportecl rc . ' ilction in passing similar orders

6. .Accorr i,-Lgly, this writ petition is disposed of u-itl a clirection to respon,Jert a horities to consider the case of the petitioner a rd take steps for release rf tlr jrassport in clue corn-flia1E of ttrY inair gs of the Hon'ble .I\ Suprem,: (l rr ; t in the case of Vangala Kasturi Rangachar yulu v. Central Bureau of Ir'' r,stigationl. The dircctions are as follows ' 2o2o crl LJ is, \,12 ::3:: (i) The petitioner shall .submit an undertaking along with an affidavit before the learned Principal District and Sessions Judge, Karimnagar, in C.C.No.224 o12024 stating that he will not leave India during pendency of the C.C without permission of the Court and he 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 within 2 weeks from the date of filing of the undertaking. (iii) 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 renewal of passport. (iv) The Passport Authority shall consider the documents in the light of thc 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 clecisions in this regard. The petitioner shall deposit the original passport before the trial Court in criminal case after renewal of the passport. The petitioner shall at liberty to file an application before the learned Principal Diskict and Sessions Judge, Karimnagar, seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordance with law.

7. Accordingly, this writ petition is disposed of. Miscellaneous petitions, pending, if any, shall stand closed. However, ihere shall be no order as to cos ts SD/- . PON NA KRISHNA St ANT REGISTRAR //TRUE COPY/' SECTION OFFICER To,

1. The Hon'ble Principal District and Sessions Judge' 2. The Secretary, Ministry of External Affairs' South Blo lndia. rimnagar. ck, New Delhi, Union Of J ilx,S[i"J,'*'*i,"^Ii:.e|r!'3S;1["?7(F:''Jf Delhi '1 10001 ":5'?+fi"J"'d]''^1""t

4. The Regiona Passport Officer, Regional Passport t)ff ce, Telangana, Hyderabad

5. The Public Or . vance Officer, Regional Passport Offrce, [e rla rgana, D. No. 8- 2-215 tct 21S , i -rmmarguda, Secunderabad.

6. One CC to S F D JAGAN MOHAN REDDY, Advocate lot']l.Jc T One CC to S I PULIMAMIDI SHASHIDHAR REDDY, Sl l:OR CENTRAL GOW [OFU( I 8. Two CD Cc,p,ie ' ./ BSR BS 5 HIGH COUR'I DATED:1110'6'2025 CC TODAY , I I I ORDER WP.No.15690 of 2025 z1;-,,7 )Y' I4 r(, (( 12 ,iii ?025 o q It) --.-a:.t. DISPOSING ( IF THE WRIT PETITION, WITHOUT CC,STS J @)q' W