HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.17558 of 2025

ORDER

Heard learned counsel for the petitioner and learned standing counsel appearing on behalf of respondent Nos.1 to 3. With their consent, 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 impounding the petitioners passport bearing No.X7168442, without considering the explanation dated 11.10.2023 sent through email to the 2nd respondent, arbitrary, illegal, unconstitutional and consequently direct the 2nd respondent to release the same.”

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has passed an order in W.P.No.9550 of 2025 dated 03.04.2025 and the operative portion of the said order is as follows:

“11. Recording the above submissions, this writ petition is disposed of with a direction to respondent No.3 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 Investigation. The directions are as follows:

(i) The petitioner shall approach and submit an undertaking along with an affidavit before the Court of the III Judicial Magistrate, Tiruppur in C.C.No.988 of 2017 stating that the petitioner will not leave India during pendency of the 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 and affidavit within 2 weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid concerned Passport Officer for consideration of release of 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 petitioner upon complying conditions (i) to (iv), the passport Authority is directed to release the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the trial Court.

(vi) The petitioner shall deposit the original passport before Court of the III Judicial Magistrate, Tiruppur, in C.C.No.988 of

2017 (Crime No.30 of 20I2), after release of the passport.

(vii) The petitioner shall be at liberty to file an application before Court of the III Judicial Magistrate, Tiruppur, in C.C.No.988 of 2017seeking permission to travel outside India. The III Judicial Magistrate, Tiruppur, shall consider the same in accordance with law.

12. Recording the above said submission' writ petition is disposed of, accordingly.”

4. Learned counsel for the petitioner pray this Court to pass similar order as passed in W.P.No.9550 of 2025 dated 03.04.2025.

5. Learned Standing counsel appearing on behalf of respondents 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 approach and submit an ACMM Court, Secunderabad in C.C.No.6748 of 2021

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

stating that the petitioner will not leave India during pendency of the 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 and affidavit within 2 weeks from the date of filing