Vangala kasturi Rangacharyulu v. Central Bureau of Investigationl, disposed of several writ petitic,ns

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 any order or direction writ or writs more particularly on in the nature of WRIT OF IUANDAMUS declaring the action of the Respondent No.2, in not Reissuing the Passport bearing No. 87160590 (Old Passport No. 22460272) by renewing the same is going to expiring by 25.10.2024, by considering the application reference No.24-1009862157, even after petitioner reported before the authority on 16.08.2024, as per the online information on the ground of pendency of the Criminal Case even after orders in W.P.No.2641312023, is illegal, arbitrary and violation of principles of natural justice, consequently to direct the Respondent NO.2 to reissue the passport bearing No. 87160590 (Old Passport No. 22460272) by extending further period from 25.10.2024 for a period of 3 years instead of 1 year by considering petitioner application No.24-1009862157' dt.05.08.2024 lA NO: 1 oF 2024 Petition under Section 151 CPC praying that in the circ,umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to reissue the passport bearing No.B7160590 (old Passport No' 22460272) by extending further period from 25.1o.2024 for a period of 3 years instead of 1 year by considering petitioner application No. 24-1009862157, dt.05.08.2024 pending disposal of the writ petition Counsel forthe Petitioner : SRI D y L N CHARYULU counsel for the Respondents: Mrs. NvR. RAJYA LAKSHMI, lsc REp. FoR sRl GADI PRAVEEN KUMAR, Dv. SoLrcrroR GEN. oF rNDtA' The Gourt made the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR CTTTDT5T* IV.P. Heard Sri D.Y.N.L.N. Char5rulu, learned counsel for the petitioner and Mrs. NVR. Rajya Lakshmi, learned Standing Counsel representing Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of the respondents. with their consent, the writ petition is being taken up for disposal at the admission stage itself. Perused the record.

2. This writ petition is filed seeking to declare the action of the respondent No.2, Regional Passport Officer, in not reissuing the passport bearing No.87160590 (Old Passport No.Z246O2T2) by renewing the same which is going to be expired by 25.LO.2O24, by considering the application rcference No.24-1oog862l5T, even after petitioner reported before the authority on 16.08.2024, as per the online information on the ground of pendency of the Criminal case even after orders in w.P. No.26413 of -2023 as being illegal and arbitrary and consequently to direct the respondent No.2 to reissue the passport bearing No.8716O590 (Old Passport No.Z246O272l by extending further period from 25.10.2024 for a period of 3 years instead of 1 year by considering petitioner application No.24- 1009862 1 57, dated 05.08.2024. \ f'. \, 2 NVSK, J W.P. No.25538-2024

3. The learned counsel for the petitioner would submit that the petitioner is the passport holder bearing No.B716059O issued on 26.10.2023, which is expired on 2s.ro.2o24. Seekingi renewal of the said passport, petitioner made an application ()n 05'o8'2024 subsequently a clear report was submitted by the con'lerned Police to the respondent No.2 authority and thereafter no action has been initiated for issuing passport to the petitioner' It is further submitted that on the earlier occe'sion, in similar 4. circumstances, petitioner filed w.P. No.26413 of 2(123, which was disposed of by this Court on 25.0g.2023 directing the :espondent No'2 to re-issue the passport No.2246O272 of the petitioner by extending the validity of the passport which expired by 11 .o3-2O23 by renewing the same. In compliance of the said order, the respondent No'2 re-issued the passport vide No.B7160590 by extending the validity tiU 25.1O.2024. Seeking for further extension/renevral of the said passport, petitioner made online application dated 05'03'2024 but the respondent No.2 authority raising the very same grr>ttnds that have already been considered in W.P. No.26413 of 2023 b'y this Court and not extending the validity of the passport of the petitioner' Hence' the petitioner filed the present writ petition'

5. on the other hand, the learned counsel r'epresenting the respondent No.2, while placing a copy of the in::tructions dated

13.Og.2O24, wdirld submit that on verification of thLe office records, it is found that the petitioner has applied for re-issue of hrs passport \*. f a J lrvsKr.I Vt.P. IIo.25538_2024 vide file No.HY207685O789324 dated t6.O8.2O24 in continuation of passport bearing No.B716O590 by submitting the previous Court order in W.P. No.26413 of 2023. In compliance to the orders passed in W.P. No.26413 of 2023, previous passport bearing No.87160590 dated 26.10.2023 valid upto 25.10.2024 of the petitioner was issued. The pbtitioner has suppressed the information about pending criminal proceedings against him vide No.SS/48O|O76l2O2O under Section 138 of Negotiable lnstrument Act pending before the Metropolitan Magistrate 48ft Court at Andheri Mumbai and Arbitration Petition No.6l2O21 pending before the Hon'ble Supreme Court of India, in the relevant column of the passport application form, which is an offence under Section 12(1Xb) of the Passports Act, 1967. Hence, the request of the petitioner for re-issue of passport could not be considered.

6. At this juncture, the learned counsel for the petitioner has drawn the attention of this Court to the Memo dated O8.O7.2O25, filed by the learned counsel for the petitioner, wherein it is stated that "the Complainant in Case No.SS/4801076/2O2 U/ Sec 138 of N.I. Act on tLrc file of Metropolitan Magistrate 48tn Court, Andheri Mumbai along with tle Wit Petitioner filed compromise petition as tlrc matter settled out of Court and that as per the information of Wit Petitioner tlrc same was not concluded because of tlrc Presiding Olficer is not holding Court due to leaue." I: is further submitted that this Court, taking into consideration the principle laid down by the Hon'ble Supreme Court in I 4 NVSK, J W.P. No.25538-2024 ^) Vangala kasturi Rangacharyulu Vs. Central Bureau of Investigationl, disposed of several writ petitic,ns with certain conditions and sought to pass similar order.

7. On the other hand, the learned Standing Counsel appearing for the respondents does not dispute the same.

8. Having considered the submissions tnade by the learned counsel on either side and with their consent,'this writ petition is disposed of with the following conditions: (i) (ii) (iii) The petitioner shall submit an undertaking along with an affidavit before the learned Metropolitan Magistrate 48th Court Andheri, Murnbai, in Case No.SS/48O1O76 2O20 stating that the petitioner will not leave India during pendency ,rf the said case without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. The Trial Court shall iSsue a certified copy of the undertaking along with an affidavit within Two (2) weeks from the date of filing of the undertaking. The petitioner shall submit the cert-ified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his apBlication for renewal/re-issue: of passport. .\ ' 2o2o crt.L.l. (sc) 572 \t (iv) (v) (vi) (vii) 5 lrvaK' ., W.P. ilo.2553a-2(x!4 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 renew/re-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 learned Metropolitan Magistrate 48th court Andheri, Mumbai, in Case No'SS/48OLO76l2O2O' after renewal/re-issue of the passport' The petitioner shall be at liberty to file an application before the learned Metropolitan Magistrate 48ft Court Andheri,Mumbai,inCaseNo'SS/4801076l2O2O' travel outside India' seeking permission to The learned Metropolitan Magistrate 48th court Andheri,Mumbai,inCaseNo'SS/4801076l2O2O, shall consider the same in accordance with law' 9 Accordingly, this writ petition is disposed of. There shall be no order as to costs Asa sequel, miscellaneous applications, if any pending' shall stand closed. //TRUE COPY// NA KRISHNA ASSISTANT REGISTRAR ,/ G SECTION OFFICER To, 1 2 principal Secretary Tn9 u1!9..n of lndia,.Ministry of External Affairs south b6;-kG*etariat,haisina Hill, New Delhi' lndia' TheReoionalPassportffiice,T3RedCrossRoadShivajiNagar, Seiund"erabad, Telangana 500003'

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3. One CC to SRI D Y L N CHARYULU' Advocate [OPUCI 4. One CC to DEPUTY SOLICITOR GENERAL OF INDIA' Advocate IOPUC] 5. Two CD Copies PVL ,W \ /7 HIGH COURT DATED:0910712025 ORDER WP.No.25538 of 2024 ( ( J ) L ) n, ArsEtl1 16: t1 uilB1 U M C j' i'rO c DISPOSING OF THE WRIT PETITION WITHOUT COSTS \s