Banda Pulla Reddy v. '1 . Union OF lndia

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 pteased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd Respondent who has declined to issue passport to the petitioner vide his File No. HY1064990756925 Dated. 02- 06-2025 and insisting and imposing condition on petitioner. to clear the pending proceedings is bad in law, illegal, arbitrary and violating the natural justice, violative o'f An 21 of the Constitution of lndia, and is contrary to the law as the pending criminal case on the petitioner is no bar to issue passport, and declare that the impugned letter is libel to be set-a-side. as pending criminal cases on him no bar to issue the passport to the petitioner. ;r- t":<?.<- .> : lA NO: 1 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 suspend the letter File No. HY1064990756925 Dated. 02-06-2025 issued by the 2nd respondent while direct the respondent NO. 2 to issue the passpo( to the petitioner forthwith on his application Dated 21-5-2025, as pending criminal cases on the petitioner is nc bar to issue the passport to the pdtitioner pending disposal of the above writ petition. Counsel for the Petitioner: M/S. GUNDLAPALLI V S S S SRUTHI Counsel for the Respondents: MS. NVR RAJYA LAKSHMI, SC The Court made the following: ORDER 1'3" ',' 'i-""'ary HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR . WRIT PETITION No.16176 of 2025 . ORDER: Heard learned counsel for thc pctitioner and Ms-NVR Rajya Lakshmi, learncd standing counsel appearing on bchalf of rcspondent Nos.1 and 2. With their consent, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking thc f ollowing prayer:- "to decLare the action of 2*1 Rcspondcnt ruho lms declined to isxte pnssporl to the petitioner t'ida lis Fi[c No.HY1064990756925 Dnted 02.06.2025 nnd utsistittg nd intposittg conditiott on petiLiotrcr to clenr lhe pending proceedhgs is bnd in lnu, illegal, arbitrnry nnrl oiolating the nahrnl justice piolntiue of Art 21 of tlr ConstittLtion of India nnd is corttrttty to LlLe lnru ns tlrc panding crirtintl cnsc on tlrc petitioner is no bnr to isate pnssport, nnd declnre thnt tle impugned letter is Libel to be set-aside ns panding crinrinal cases on lLin no bar to isstLe the passport to tlu peliLioner."

3. Today rvhen thc nlatter has been takcn r-rp for frcaring, Iearnecl counsel for thc petitioncr would submit that in similar circumstances, this Court has passed an order in W.P.No.15690 of 2025 ciated 77.06.2025 and the operative portion of the said order is as follo'"vs "6. Accordingly, tlis rurit pctitiott is disposed of toith n direction to respondent authorities to consider tlte case of tle petitioner and takc steps for relense of the plssport in t Le compliance of the findings of the Hon'ble Supreme Courl in tlrc cnse of Vnngnln Kasturi Rangaclmryulu u. Centrnl hrreau of Inuesfig11si6n1. The directions are as follotos: (i) The petitioner slnlL submit tn undcr\nking nlong tuith nn ffidaoit before the learned Pincipal District nnd Sessions ludge, Kaimtmgnr, in C.C.No.224 of 2024 stnting tlaL lrc ruill not lenae Indin during pendency of the C.C tuithout permission of the Court and he zoill ' zozo crl.L,t. lscysl2 coollcr(r[, \1itlt the procaerlings. Trial Court in conclttding the crinutml ii2:i. (ii) 1'lr l'rial Catrt shall issue a ccrtified copy of the urlcrtnlctng atul ffidm,it toithin 2 uleeks t'rotn the dnte of fling of the tmdertnking. (iii) Tlx petitioner slnll subnit the cefiifed copy of tlr nforcsntd undarlnl:ing tlong ruith the reply/txplnnation be.fore tht concrntcd Pnssporl Offitcr for cottsideration of lis nfltlicatiort .for renetrd of pnssporl . (iu) 'flrc Passport Authority slnll consider tht doarnents m tlrc ligltt of tlrc obseruattons nnde lty tlu Courts as utell ns tlrc undertaking nntl otltcr rlo;tnnents fled by the petitioner. The petitioner slmll also be it liberty to rely on tlt decisions in this regard. The petitioner slnll drtposil 'lte ortginal pnssport hefore tlrc trial Court in crininal cnsL, nlter rLt;erual o.f tle passport. The petitioner slnll at lilterttl to.file rut ayt1tlroLtton bcfore the lenrned Principal District nntl Sessions ludgc, Kat'tfil1!gnr, saekittg perntission to traael outside ltulin and llr Iearnul ,\4agistrate, slull consider thc sanrc in nccordattce toiLlt lntr'."

4. Learncd r:ounscl for the petitioner pray this Court to pass sinrilar order as passecl in W.1'.No.l5690 of 2025 dated 11.06.2025.

5. Learnccl Standing counscl appearing on behalf of resporrclcnts reported no objr.ction in passing similar orders.

6. Accordinqly, this wirit'petition is disposed of with a clirectiou to respondent authorities to consider the case of the pctitioner and take stcps for release of thc 1,assp6.1 in clue compliance of the findings of thc Hon,ble Suprcme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Invcstigation2. The directions are as follows: (i) The petitioner shall submit an undertaking along with an affidavit befole the Trial Court where the crirninal proceeding with rcsuect to FIR No.l83 of 2022 dated 26.0g.2022 ar.e pencling statirlg tliat hc will not leave India during pentiency of the said 'zozo c.r.L.r. (sc\ ssa proceeding without cooPerate with the proceedings. ::3:: permission of thc Court and he will Trial Court in concluding the criminal (ii) The Trial Court shall issue a certified copv of the undertaking and affidavit within 2 wceks from the dato of filing of the undertaking. (iii) Thc petitioncr shall submit tl-re ccrtificd copy of thc aforesaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration of his application for issuance of passport. (iv) The Passport Authority shall cormidcr the clocumcnts 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 libcrty to rely on thc decisions in this regard. After issuancc of the passport, thc petitioner shall deposit the original passport before the trial Court where thc criminal proceeding are pcnding. 'fhe petitioncr shall at liberty to file an application beforc thc trial Court, sceking pcrrnission to travel outside India and the trial Court, shall consider the same in accordance with law.

7. Accordingly, this writ pctition is disposecl of. Miscellaneous petitions. pending, if any, shall stand closed. However, there shall be no order as to COSTS //TRUE COPY// S -L. LAKSHMI BABU D PUry REGISTRAR SECTION OFFICER New Delhi.

1. The Under Secretary, Union OF lndia, Ministry 2 fi;{"1i;^al Passport Officer, Kummariguda, Secundrabad' Hyderabad 3. On'e-CC to tWJdunOrapalli V S S S SRU-THI Advocate [OPUC] ;. on; cc io rus. NVR Rajva Lakshmi, SCIOPUCI 5. Two CD CoPies

500003. T.S.State. Home and External Affairs To, TJ PVL Yt HIGH COURT DATED:1 610612025 ORDER WP.No.I6176 of 2025 \) o 1 B ,lUL 2025 -h O., ,. .. n.. . ..,, .' ,t :/ ,.|'. DISPOSING OF THE WRIT PETTTION WITHOUT COSTS -fd4 fu.