THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

Questioning the action of respondent No.2 in issuing letter dated 21.03.2025 refusing to renew the passport of the petitioner bearing No.M7497450 on the ground of pendency of criminal cases in C.C.No.3032 of 2021; C.C.No.2980 of 2021 and C.C.No.2974 of 2021 on the file of the Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar as illegal and arbitrary and consequently direct respondent No.2 to renew the passport of the petitioner and release the same, the petitioner filed the present writ petition.

2. It is submitted by the learned counsel for the petitioner that there are three criminal cases pending against the petitioner and his family members in C.C.No.3032 of 2021; C.C.No.2980 of 2021 and C.C.No.2974 of 2021 on the file of the Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar, based on which the passport of the petitioner is not being renewed by the respondent authorities.

3. It is further submitted that this Court, taking into consideration the principle laid down by the Hon’ble Supreme Court in Vangala kasturi Rangacharyulu Vs. Central Bureau of Investigation, 2020 Crl.L.J. (SC) 572, disposed of several writ petitions with certain conditions and sought to pass similar order.

4. On the other hand, the learned Standing Counsel appearing for the respondents does not dispute the same.

5. Having considered the submissions made by the learned counsel on either side and with their consent, this writ petition is disposed of with the following conditions:

(i) The petitioner shall submit an undertaking along with an affidavit before the Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar in C.C.No.3032 of 2021; C.C.No.2980 of 2021 and C.C.No.2974 of 2021, stating that the petitioner will not leave India during pendency of the said C.Cs. 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.

(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 Magistrate of First Class (Special Mobile PCR) at Karimnagar after renewal of the passport.

(vii) The petitioner shall be at liberty to file an application before the Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar, seeking permission to travel outside India. The Judicial Magistrate of First Class (Special Mobile PCR) at Karimnagar, shall consider the same in accordance with law.

6. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, if any pending, shall stand closed.

________________________________

JUSTICE N.V. SHRAVAN KUMAR Date: 11.04.2025 mrm