THE HON’BLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

This writ petition is filed seeking a direction to respondent No.2 to issue Passport to the petitioner by reconsidering the application vide file No.HY2077410568725 dated 17.02.2025 and submission of clarifications to the letter Ref.No.SCN/320796179/25, dated 22.02.2025 of respondent No.2 for issuance of Passport dated 16.03.2025 in view of family trip to abroad as per the Gazette Notification vide GSR 570 (E), dated 25.08.1993.

2. Heard Sri T.L. Krishna Prasad, learned counsel appearing for the petitioner and Smt.NVR. Rajya Lakshmi, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General appearing for respondents.

3. After hearing learned counsel appearing for the petitioner as well as the respondents, it appears that the issue was considered by 2 Co-ordinate Benches in W.P.Nos.8697 of 2023 and 22218 of 2024. Both the learned Single Judges referred to the judgment of the Hon’ble Supreme Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation and came to the finding that mere pendency of criminal case cannot be a ground to decline the renewal of passport. The petitioner before the Court is also willing to cooperate with the pending proceedings. This Court also finds factual similarities between the present case and Vangala Kasturi Rangacharyulu (supra) where the Hon’ble Supreme Court held that the Passport Authority cannot refuse the renewal of passport on the ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew the passport of

2020 Crl.L.J.(SC) 572

the petitioner without raising objection relating to pendency of criminal proceedings.

4. This Court is accordingly of the view that the Writ Petition can be disposed of by directing the respondent No.2 to take steps for re-issuing the passport in due compliance of the findings of the Hon’ble Supreme Court in Vangala Kasturi Rangacharyulu’s case (supra). The petitioner shall however comply with the following conditions:

(i) The petitioner shall submit an undertaking along with an affidavit before the learned Judicial Magistrate of First Class (for Prohibition and Excise Offences) at Nalgonda in C.C.No.595 of 2023 stating that the petitioner will not leave India during pendency of the said case without permission of the Court and that 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 undertaking before the concerned Passport Officer for consideration of his application for re-issuance 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 shall be at liberty to file an application before the learned Judicial Magistrate of First Class (for Prohibition and Excise Offences) at Nalgonda seeking permission to travel outside India. The learned Judicial Magistrate of First Class (for Prohibition and Excise Offences) at Nalgonda shall consider the same, in accordance with law.

5. Accordingly, this Writ Petition is disposed of in terms of the above. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

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JUSTICE N.V. SHRAVAN KUMAR April 01, 2025 Note: Furnish C.C. tomorrow. B/o.PN