Pending criminal proceedings do not prevent passport issuance when specific conditions are satisfied.

ORDER

Heard learned counsel for the petitioner and Sri.Angothu Nehru, learned standing counsel appearing on behalf of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer:- “to declare the action of the 2nd respondent in passing the impugned order dated 23.07.2025 in file No.HYFO65176006925 refusing to grant passport to the petitioner only on the ground of pending of the criminal case in CC No.242/2022 in crime No.123/2022 for the offence U/Sec 304-A IPC though pending of the said criminal case does not come the way of considering the passport application of the petitioner as illegal, unlawful and contrary to law and consequently direct the 2nd respondent to grant passport to the petitioner without reference to the pending of the above criminal case subject to any condition as deem it and proper in the circumstances of the case.”

3. Learned counsel for the petitioner submits that the petitioner on 30.03.2025 made an application and requested respondent No.2 to issue passport, however respondent No.2 issued impugned letter bearing No.HYFO65176006925 dated 23.07.2025, wherein it is stated that “criminal proceeding in 123 of 2022 under section 304 A IPC of Kothakota Police station and the case is pending in JFCM Court Atmakur vide C.C No.1242 of 2022 against the petitioner”. Hence the petitioner was directed to ‘submits acquittal orders or obtain permission to depart from India from the same Court where the criminal proceeding are still pending’. Aggrieved by the same, this writ petition is filed.

4. Learned counsel for the petitioner would further submit that while dealing with the similar circumstances, this Court vide order dated 23.07.2025 had disposed of the W.P.No.21043 of 2025 with certain conditions and pray this Court to pass similar order as passed in W.P.No.21043 of 2025.

5. Learned Standing counsel appearing on behalf of respondent Nos.1 and 2 reported no objection in passing similar orders.

6. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioner and take steps for release of the passport in due compliance of the findings of the Hon’ble Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation1. The directions are as follows:

(i) The petitioner shall submit an undertaking along with an affidavit before the JFCM Court Atmakur, in C.C.No.1242 of 2022, stating that the petitioner will not leave India during pendency of the said C.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Court shall issue a certified copy of the undertaking along with an certified copy of the Affidavit filed in C.C.No.1242 of 2022 within Two (2) weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid undertaking and Affidavit along with the

1 2020 Crl.L.J. (SC) 572 reply/explanation before the concerned Passport Officer for consideration of his application for passport.

(iv) 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.

(v) The Passport authority is directed to issue the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before t