High Court · 2025

lf ,. ,.o'""oed as per c'o' dt'2s'08'2025 in lA' *" Petition under Article 226 of theConstitution of lndia praying that in the circumstances stated in tnt li''o'"n flled therewith' the High Court may be pleased to issue u W'it' o'Ot' or Direction more particularly one in the nature of ottt': i:liil*jil:llii fi::ff writ of Manda'u'' o"''"'ll tiu tfre petitioner passport bearing No L5567066 by tsst by reiecting the renewal application oateJ 'li ou dl 26'06'2023 of HY107550619a22s petitioner dated 30 05 20'U ''0" the passport bearins *"*"" * " r-556? 06-1 n :x*; ::]: ;:il :T :' iHT *u:i:.:-:,x:1:[]Tj ::::ilH"':'"*" o""" 'r 'ihe ::e: i:,::.:::": [:j:':il:: ii] iy : i;u :r*'1"::;:: :::: '0" File No n"tO'UUOU1n3723 '"tion H'nbe Hgh I I I I i i i I I 1 1 "i. p' Court passed in WF' No. 32906 of 2023 dated 05 12202' direct the 2nd respondent to renew the passport of the Passport No. L556 7C 66 immediately, in the interest of justice' and consequentlY petitioner bearing lA NO: 1 OF 2025 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the pelition, the High Courl may be pleased to direct the 2nd respondent to renew the passport of the petitioner beartng PassportNo,L556Tl)66byconsideringtheapplicationofth(,petitionervideFile No. HY1075506193 /23, dated 26.06.2023, pending disposal of the main writ petition. Counsel for the Petitioner: SRI T.S.N.MURTHY Counsel for the Respondent No'1 & 2: SRI K.V'V'VEDANTHI\ CHARYA' CENTRAL GOVT. COUNSEL The Court made the following: ORDER THE H ON'BLE SRI JUSTICE NAGESH BH AI(A WRIT PETITION No. 24907 OF 20.25 oRDER: Aggrieved by the action of respondent No'2 in not renewing the petitioner's passport bearing No'L5567066 by issuing the impugned letter No'HY1075506193723' dated 10.06.2024 by rejecting the renewal application of the petitioner dated 3O-O5.2O24 uide Flle No'HY10755O6193723' dated 26.06.2023, the present writ petition is filed' A consequential prayer is made to direct respond'ent No'2 to renew the passport of the petitioner bearing Passport No'L5567066' 2. Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondent Nos'1 and2' 3. The petitioner herein has submitted an application No.HY10755 06193723, dated 30'05' 2024 with respondent No'2 renew his PassPort' Vide letter with a request to dated 1O.06.2024, resPondent No'2 No.HY 1O75506193723, informed the petitioner that it has received adverse police verification repoft and involvement of the petitioner in Cr.No.No.578 of 2016 and sought clarification' a\'t 2

4. After r:cmpletion of investigation, the Inver;tigating Officer had laid ch:rrge sheet against him. The same wes taken on file uzde C.C.No.5Zg of 2076 on the file of learned XIII Metropolitan Magistrate at L.B.Nagar, Hyderabad. Now, he contends that he was falsely iraplicated in the aforesaid crim.e. Therefore, he sought to issue necessary directions to the respondents for consideratiou of his application to renew his pzrssport petitioner sutrmits that he has to go to US.A. to see his daughters aLd grandchildren The 5' on the g:'ound of pendency of the aforesaid crimina-l case against the petitioner, respondent No.2 is not renewing the passport to thr. petitioner. The said action of rescondent No.2 is contrary to the procedure laid down under the F,assports Act, 1967 and also the principle laid down by the Honble Supreme Court in Vangarla Kasturi Rangachar5rulu v. Central Bureau of Investigatiorrr.

6. It is also relevant to note that the Apex Court in Vangala Kasturi Ranga<:haryulu (Supra) had an occasion to examine the provisions o.. the passports Act, pendency of cr: minal cases and held that relusal of a passport can be only in case where al t. zozo cll:6c1 stz I 3 applicant is convicted during the period of five (05) years immediately preceding the date of appliqation for an offence involving moral turpitude and sentence for imprisonment for not less than two years' Section 6'2 (\ relates to a situation where the applicalt is facing trial in a crirhinal Court' The petitioner therein was convicted in a case for the offences under Sections - 42O, 46a, 471 arld 477A read' with 1208 of the IPC andalsoSection-13(2)readwithSection13(1)ofthe Prevention of Corruption Act, 1988' Against which' an appeal was filed and the same was dismissed' The sentence was reduced to a period of one (01) year' The petitioner therein had approached the Apex Court by way of frling an appeal and the same is pending. Therefore, considering the said facts' the Apex Court held that Passport Authorit5r carnot refuse renewal of the passport on the ground of pendency of the criminal appeal. Thus, the Apex Court directed the Passport Authority to renew the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal appeal in S.C' In view of the above, mere pendency of criminal case is no 7 . ground to decline renewal of passport' Further' the petitioner \ \ : i i t I I I I i I 1 a is ready to co-operate with the trial Court in concluding tria-l in the aJoresaid C.C. Therefore, he is standing on better footing thal the petitioner in Vangala Kasturi Flangacharyulu (Supra). The petitioner herein sought to isr;ue necessary directions 1_o respondent No.2 for consider ation of his application for issue of passport Thus, on t.he ground of pendency of ttre above criminal case, passport carlnot be denied to the petition<:r.

8. In view of the aforesaid discussion, this r.,, rit petition is disposed of directing respondent No.2 to consider the a_foresaid application No.Hyt OZSSO6tg3723, dated 30.O5.2024 submitted by the petitioner seeking to renew par:sport on the foliowing conditions without reference to the perLdency of the proceedings in C.C.No.578 of 2016, subject to the following conditions: i) The petitioner herein sha-ll submit an undertaking alon g with an affrdavit before the learned XIII Metropolitan Magistrate Court at L.B.Nagar, Hydr:rabad, in C.C.No.57B of 2016 stating that he shedl not leave India during pendency of the said C.C. without permission of the Court and that he sha1l co-operate with trial Court in corrcluding the proce,edings in the said C.C.; \ 5 ii) On hling such an undertaking as well as affrdavit' the trial Court shall issue a certified copy of the same within two (02) weeks therefrom; iii) The petitioner herein shall submit an application afresh along with the a-foresaid undertaking before the Passport Ofhcer/ Authorit5r concerned for renewa-l of his PassPort; iv) On fiIing of such an application with the undertaking, the Passport Offrcer / Authority shall consider the same afresh duly considering the contents of the undertaking given by the petitioner for renewal of the passport, in accordance with law' within three (3) weeks from the date of filing the said application along with the undertaking' v) On renewal of the passport, the petitioner herein shall deposit the original renewal passport before the trial cor.rrt in C'C'No'578 of 2016' However' liberty is grarted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same' in accordarce with law". Withtheabovedirections,thiswritpetitionisdisposedof. There shall be no order as to costs' I I 6 As a sequel thereto, miscellaneous applications, if any, pending in thr: writ petition shall also stand closei. PONNA KRISHNA TA NT REGISTRAR S FECTTON OFFtcER yd,-.rabad To, ,TRUE COPY//

1. The Xlll lr/etro1:olitan A,4agistrate Court at L.B.Nagar, 2 The secretary Janpath. New l)elhi, Union of lndia_110 011. _rr.4inistry of Externar Affairs. Jawaharrar Nehru Bhavan, 23-D, 3 The Regional [)assport officer, office at D No. g-2-21s tc 2i9, Near prashant - ' Theatre, Kunrnrarguda. Secunderabad _ SOO OO:. 4. One CC to SRI T S.N tMURIHY, Advocate [OpUC] 5 91" CC to SRt KVVVEDANTHA CHARYA, CENTRAI. cOW COUNSEL loPUCl

6. Two CD Copie:; BSR BS W \ \ 1 HIGH COURl' DATED: 1210912025 ORDER WP.No.24907'of 2025 I ' ..)1,: - "^. 'r .: ::. ..r-^'ir . 0 6 t[I 2P5 ^/ Dr' 'i'i, .-' i(-t l il t; DISPOSING OF THE WRIT PETiTION, WITHOUT COSTS 1 \o \)