ORDER

This Writ Petition is filed praying this Court to declare the action of respondent No.2 in issuing a letter No.OBJ/ 317644717/2024, dated 12.04.2024 and not renewing/ reissuing the passport in favour of the petitioner considering the online application No.HY4076221236724, dated 17.01.2024 on the ground of pendency of a criminal case as illegal and arbitrary.

2. It is the case of petitioner that he is holding Indian Passport bearing No.M4277037, which is going to be expired on 10.12.2024. Therefore, the petitioner submitted an application No.HY4076221236724, dated 17.01.2024 before respondent No.2 through online with a request to reissue the passport. The grievance of the petitioner in this writ petition is that instead of reissuing the passport, respondent No.2 issued a Letter Ref.No.OBJ/317644717/2024, dated 12.04.2024 and informed that an adverse police verification report was received against the petitioner about his involvement in Crime No.24 of 2022 of CVBR, J Wp_14365_2024 Armoor Police Station, registered for the offences punishable under Sections 147, 148, 427 and 324 read with 149 of I.P.C.

3. Heard Sri K. Venumadhav, learned counsel for the petitioner and Sri K.Rajesh Reddy, learned Standing counsel appearing for the respondents.

4. It is the contention of the learned counsel for the petitioner that mere pendency of the criminal case against the petitioner cannot be a ground to deny issuance of passport to the petitioner and the said action of the respondents is contrary to the procedure laid down in the Passports Act, 1967. It is the further contention of the learned counsel for the petitioner that in catena of judgments, the Apex Court as well as this Court held that “passport authority cannot refuse renewal of the passport on the ground of pendency of criminal case and directed the passport authority to issue the passport without raising the objection relating to pendency of the criminal case.”

5. In view of the above said submissions and having regard to the law laid down by the Apex Court in Vangala Kasturi CVBR, J Wp_14365_2024 Rangacharyulu v. Central Bureau of Investigation 1 ;

Maneka Gandhi v. Union of India 2 and Satish Chandra Verma v. Union of India and others 3 , this Court deems it appropriate to dispose of the writ petition directing respondent No.2 to consider the application No.HY4076221236724, dated

17.01.2024, submitted by the petitioner for reissuance of the passport, without reference to the pendency of the proceedings in Crime No.24 of 2022 of Armoor Police Station, registered for the offences punishable under Sections 147, 148, 427 and 324 read with 149 of I.P.C., subject to the following conditions:-

1. The petitioner shall submit an undertaking, along with an affidavit in Crime No.24 of 2022 before the Judicial Magistrate of First Class, Armoor stating that he will not leave India during pendency of the said case without permission of the Court and that he will cooperate with the trial Court in concluding the proceedings in the said case.

2. On filing of such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same to the petitioner within a period of two (02) weeks therefrom.

1 2020 Crl.L.J.(SC) 572
2 1978 (1) SCC 248
3 2019 SCC Online SC 2048

CVBR, J Wp_14365_2024

3. The petitioner shall submit certified copy of the aforesaid undertaking before the Passport Officer for reissuance/ renewal of his passport and the Passport Officer shall consider the application submitted by the petitioner in accordance with law, within two (02) weeks from the date of submission of such undertaking.

4. On renewal/reissuance of passport, the petitioner shall deposit the same before the trial Court in Cr.No.24 of 2022. However, liberty is granted to the petitioner to file an application before the trial Court seeking permission to travel abroa