Raniith Kumar Katta v. The 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 Cou( may be pleased to issue a.writ, order, or direction, more particularly one in the nature of a writ of Mandamus, declaring the action of the 2nd Respondent in not reissuing renewing petitioner's passport bearing No.G0367498 pursuant to the application vide File number HY7077OO5265124 daled 08.10.2024 on the ground of pending accused in a c.riminal case vide Crime No. 76 of 2023, for the offences punishable under Section 468,417,294-8 506 IPC of PS Sarangapur, in which police filed chargesheet and the trial court has taken the cognizance of the same and is numbered C.C. No.133 of 2024, which is presently pending on the file of the Hon'ble Prl Junior Civil Judge at Jagityal, which is pending trial as illegal, arbitrary, unconstitutional, in violation of principles of natural justice, and contrary to the provisions of the Passports Act, 1967 and consequently direct the 2nd respondent to re-issue/ renew the petitioner's passport bearing No' G0367498 by processing the application via File number HY7077005265124 dated oB'10'2024 without reference to the said criminal case IA NO: 1 OF 25 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to consider the petitioner's apprication vide Fire number Hy707700 5265124 daled 0g.10.202 4 for re-issuing/ renewal of his passport bearing No. G0367498without reference to criminal case vide crime No' 76 of 2023,for the offences punishable under section 468, 417, 294-8 506 IPC of PS sarangapur, which is pending trial, vide c.c. No'133 of 2024' which is presently pending on the file of the Hon'ble Prl Junior civil Judge at Jagityal Counsel for the Petitioner : SRt GAJULA PREM KUMAR Counsel for the Respondent Nos' 1 &2: SMT' NVR RAJYALAKSHMI' CoUNSEL REPRESENTING SRI N. BHUJANGA RAo, DEPUry SoLlclToR GENERAL OF INDIA Counsel for the ResPondent No' 3 : -- The Court made the following: ORDER r, I I I i i I i I l I I I i I I I i IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.36839 of 2025 Dated: 11.12.2o25. Between: Ranjith Kumar Katta Union of India & two others AND ORDER: ...Petitioner ...Respondents The petitioner submitted ari online Application (No.HY7O77OO5265124, dated O8.LO.2O24) seeking renewal of passport, however, the respondent Passport Authority has refused to renew the passport on the ground that the petitioner is facing criminal proceedings in C.C.No.133 of 2024 on the file of learned II Additional Judicial Magistrate of First Class at Jagtial, for the offences punishable under Sections 468, 4L7, 294-8 and 506 of IPC.

2. Heard Sri G. Prem Kumar, learned counsel for the petitioner and Smt. NVR Rajyalakshmi, learned counsel representing sri N. \ \ I \\ Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos. I and 2. perused the record.

3. Learned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of renewal of passport. He relies on the judgment of this Court in W.P.No.2469O of 2025, dated 03.09.2025.

4. Learned Standing Counsel for Central Government, submits that a criminal case uide c.c.No. 133 of 2024 on the file of learned II Additional Judicial Magistrate of First class at Jagtial, for the offences punishable under Sections 46g, 4lZ,2g4_B and 506 of IPC, is pending against the petitioner and therefore, refusal to renew the passport as per the passport Rules cannot be said to be illegal.

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.p.No.35O56 of 2023, d,ated, O2.O1.2024, and the purpose for. which the passport is being requested by the petitioner, this Court directs respondent No.2 to renew the passport of the petitioner on the following conditions: il The petitioner hereia shall submit an undertaklug aloag - with ao aflldavit tn C.C.No.133 of 2024, peading on the llle-of thf leataed II Addltional Judicial Magistrate of First Class "t U"gti.f, stating that he shall not leave In-<lia during pendency of tnJsaid C.C-., wlthout permission of the Court arra [Ult le shiU with trlal Court in coacludlng the proceedlngs iu the satd C.C. ".;p";;; / \ 3 iif on filing such an uadertaking as well as aflidavit, the trial court shall lssue a certified copy oi the same within two (2t weeks therefrom; ifil rhe petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the passport oflicer / Authority concerned for renewal of passport; iv) on filing such an application, the passport oflicer/ Authority shall consider the same afresh in the light of the obsenrations made by this court herein as well as the contents of the undertaking given by the petitioner for renewal of passport, in accordance with law, within three (o3f weeks from the daie of said appltcation; vf on issuance of the passport, the petitioner hereia shall deposit the same before the trial court tn c.c.no.l33 of 2024 ,and vif However, liberty is granted to the petitioner herein to file an application before the rearned magistrate seeking permission to travel abroad, and it is for the teirned Magistratl to consider the same in accordance with [aw.

6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. /ffRUE COPY// SD/- M. NAGAMANI ASSISTANT REGISTRAR o SECTION OFFICER To,

1. The Principal Secretary, Ministry of External Affairs, South BIock' Secretariat' niisini Hiii, th" Union of lndia,-New Delhi, lndia

2. The Regiqnal Passport Officer,:O/o The Egg'^oIEl P3rTport Officer' D'No 8-2- )\ s io-ilb, Xum m-tirg ud a, Secu nd erabad -500003' T' S' 3.OnecctosRlGAJULAPREMKUMAR,AdvocateloPUCI 4. one cc to sRl N BHUJANGA RAO, DepulY Solicitor General of lndia Advocate [OPUC]

5. Two CD CoPies PVL GJP Ny r i I I I i ! t HIGH COURT DATED 11111212025 / I I I ) ORDER WP.No.36839 of 2025 't H'* .i l'.t i' + -) ') .t- ") ( tr,:\ 31D'tC rut Sir)^T.-'..'':: DISPOSING OF THE WRIT PETITION WITHOUT COSTS @r1