ORDER:

Heard Sri k. Rajashekar, learned counsel for the petitioner, Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent No.1 and Smt.T. Suhasini, learned counsel appearing for respondent No.2. Perused the record.

Perusal of the record would reveal that the petitioner herein is an accused in Crime No.276 of 2022 of Begumpet Police Station, Hyderabad District registered for the offence punishable under Section (cid:150) 353 of IPC, and after completion of investigation, the Investigating Officer had filed charge sheet. The same was taken on file vide C.C.No.1345 of 2022 it is pending on the file XI Additional Chief Metropolitan Magistrate, at Secunderabad.

The petitioner herein is holder of Passport bearing No.K4791180 and the same is expired on 13-09-2022. He is a Businessman by profession. He had submitted an application for renewal of the said passport, vide application No.HY1074798165522, dated 24-11-2022 by paying requisite fee. The respondents herein are not renewing his passport on the ground of pendency of the aforesaid criminal case.

The petitioner herein is arraigned as accused No.2 in the aforesaid crime. Now, he contends that he was falsely implicated in the aforesaid crime. Further, he is also ready to co-operate with the trial. Therefore, he sought to issue necessary directions to the respondents for consideration of his application to re-issue his passport.

Respondent No.2 cannot deny renewal of Passport on the ground that aforesaid Criminal Case is pending against him. It is also relevant to note that the Apex Court in Vangala Kasturi Rangacharyulu v.

CentralBureau of Investigation1 had an occasion to examine the provisions of the Passports Act, pendency of criminal cases and held that refusal of a passport can be only in case where an applicant is convicted during the period of five (05) years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. Section 6.2 (f) relates to a situation where the applicant is facing trial in a criminal Court. The petitioner therein was convicted in a case for the offences under Sections - 420, 468, 471 and 477A read with 120B of the IPC and also Section - 13 (2) read with Section 13 (1) of the 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 filing an appeal and the same is pending. Therefore, considering the said facts, the Apex Court held that Passport Authority cannot refuse renewal of the passport

1. 2020 Crl.L.J. (SC) 572

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 case.

As discussed above, the aforesaid criminal case is pending against the petitioner herein. The passport of the petitioner is valid up to 13-09-2022. He had submitted an application on 24-11-2022 for renewal of his passport. Respondent No.2 is not considering the application for renewal on the ground of pendency of the aforesaid criminal case. On the ground of pendency of the proceedings in criminal cases, respondent No.2 cannot deny renewal of passport of the petitioner herein. There is no provision in the Passports Act or Rules/ Regulations that passport cannot be granted on the ground of pendency of criminal cases. Further, the petitioner herein is standing on better footing than the petitioner in Vangala Kasturi Rangacharyulu1. In view of the same, respondent No.2 cannot deny or refuse to renew the passport of the petitioner. However, if the petitioner is intending to travel abroad, he has to approach trial Court in the aforesaid criminal case and obtain permission for travelling abroad. In the present writ petition, the petitioner is not seekin