THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.10371 of 2025

ORDER

Aggrieved by the action of respondents in not renewing the passport of the petitioner bearing No.M8050427 on the ground of pendency of criminal case, and to direct the respondents to forthwith renew the passport of the petitioner in view of passport renewal application dated 23.12.2024 without reference to the pendency of criminal case, this writ petition is filed.

2. Heard Mr.A.Giridhar Rao, learned senior counsel for Mr.A.Venkateswara Rao, learned counsel for the petitioner and Ms.N.V.R.Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India on behalf of respondents. With their consent, this writ petition is taken up for disposal at the stage of admission.

3. The facts of the case in brief are that, petitioner is holding an Indian Passport bearing No.M8050427 issued by office of respondent No.2 on 09.04.2015 valid upto

08.04.2025. The petitioner, under the provisions of Passport Act and Rules made thereunder, has filed an application for renewal of passport on 23.12.2024. It is submitted that petitioner is an Engineering graduate and secured a job in United Kingdom and his immigration in United Kingdom is valid upto 19.03.2026. It is further submitted that passport renewal application has been submitted before respondent No.3 i.e., Consulate General of India, Brimingham and as per rules, respondent No.3 called for police verification from India and the police have submitted a report informing that a criminal case in C.C.No.542 of 2020 is pending against the petitioner on the file of Judicial First Class Magistrate, Sathupally, Khammam, as such the passport of the petitioner has not been renewed. Aggrieved over the same, the present writ petition is filed.

4. Mr.A.Giridhar Rao, learned senior counsel appearing on behalf of petitioner would fairly submit that in the application for renewal, petitioner has not mentioned about the pending criminal case and draws attention of this Court to the e-mail communication of the petitioner dated 13.01.2025 communicated to respondent No.3 seeking certain clarifications regarding provisions for issuing an emergency passport release.

5. Ms.N.V.R.Rajya Lakshmi, learned counsel appearing on behalf of Mr.Gadi Praveen Kumar, learned Deputy Solicitor General of India would submit that as per Section 4, Schedule II Part II of Passports Rules, 1980, an emergency certificate may be issued for the purpose of travel. Section 4, Schedule II Part II are extracted hereunder for the purpose of reference:

“4. Classes of persons to whom the difference classes of passports and travel documents may be issued – The classes of persons to whom the classes of passports or travel documents referred to respectively in sub-section (1) and sub-section (2) of Section 4 may be issued, shall be as specified respectively in Part I or Part II as the case may be, of Schedule II.

Schedule II Part II :-

Emergency Certificate : (i) Citizens of India abroad who have been refused passport, or whose passports have been impounded or revoked, or who have to be repatriated to India.”

6. Learned standing counsel appearing on behalf of respondents further submits that the above said provision enables petitioner to travel to India based on an emergency certificate and if the petitioner makes an application for issuance of emergency certificate, the same would be considered by respondent No.3 and after the certificate is issued, petitioner can travel to India and contest the pending criminal case against him.

7. Learned senior counsel for the petitioner accedes to the submission made by learned standing counsel and would submit that appropriate orders be passed.

8. Recording the submission of learned counsel on either side, this writ petition is disposed of with a direction to respondent No.3 to issue emergency certificate as per Section 4 (supra) of Passports Rules, 1980 strictly in accordance to law within a per