HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.11592 of 2025

ORDER

Heard learned counsel for the petitioner and Ms.N.V.R.Rajya Lakshmi, 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 Respondnet No.2 in not renewing petitioner Passport bearing No.T9955099 pursuant to the application vide File No.HY3077220987524 dated 18.12.2024 on the ground of pending Criminal Case vide Crime No.102 of 2023, Under Section 447, 427, 504, 506 R/w.34 of IPC, P.S Talakondapally, C.C No.420 of 2023 on the file of Judicial First Class Magistrate at Amangal, as illegal, arbitrary, unconstitutional, in violation of principal of natural justice and contrary to the Passport Act, 1967 and consequently direct the 2^nd Respondent to renew petitioner Passport bearing No.T9955099 pursuant to the application dated 18.12.2024 without reference to the said criminal case.”

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner would submit that while dealing with the similar circumstances, this Court vide order dated 07.04.2025 had disposed of the W.P.No.10352 of 2025 with certain conditions and learned counsel for the petitioner further pray this Court to pass similar order as passed in W.P.No.10352 of 2025.

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

5. 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 Judicial First Class Magistrate at Amangal, in C.C.No.420 of 2023, 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 affidavit within Two (2) weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for renewal 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.

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

(v) The Passport authority is directed to renew 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 the Judicial First Class Magistrate at Amangal, in C.C. No.420 of

2023 after renewal of the passport.

(vii) The petitioner shall be at liberty to file an application before the Judicial First Class Magistrate at Amangal, in C.C. No.420 of 2023, seeking permission to travel outside India. The Judicial First Class Magistrate at Amangal, shall consider the same in accordance with law.

6. Recording the above said submission, writ petition is disposed of, accordingly.

Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.

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N.V.SHRAVAN KUMAR,J Date: 17.04.2025

SU