HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.22878 of 2025

ORDER

Heard learned counsel for the petitioner and Mr.Dadi Radha Krishna, 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:-

“declaring the action of the Respondent No.2 in not renewing petitioner passport vide File No.HY1075345380325 Dt.16.07.2025 as illegal, arbitrary and without jurisdiction and consequently direct the Respondents to forthwith renew the passport of the petitioner made File No.HY1075345380325 Dt 16.07.2025 for a period of 10 years under section 10 of Passport Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in C.C.No.372 of 2021 on the file of Judicial First Class Magistrate at Jadcherla.”

3. The case of the petitioner is that he is holding passport vide No.B8800641 dated 28.12.2023 which was expired on 27.12.2024. Thereafter, petitioner has applied for renewal of passport before respondent authorities vide File No.HY1075345380325 dated 16.07.2025 seeking for renewal of his passport. After police verification, it is stated that petitioner is involved in criminal case in C.C.No.372/2021 pending on the file of Judicial Magistrate of First Class, Jadcherla. Thereafter, respondent No.2 authorities have called for explanation regarding suppression of pending criminal case, to that effect, petitioner has submitted explanation on 18.06.2025. However, the same has not been considered and respondent authorities rejected the renewal application of the petitioner on the ground of pending criminal case in C.C.No.372/2021 on the file of Judicial Magistrate of First Class, Jadcherla. Aggrieved by the same, the present writ petition is filed.

4. 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.

5. Learned Standing counsel appearing on behalf of respondent Nos.1 and 2 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 Investigation, 2020 Crl.L.J. (SC) 572. The directions are as follows:

(i) The petitioner shall submit an undertaking along with an affidavit in C.C.No.372/2021 on the file of Judicial Magistrate of First Class, Jadcherla, 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.

(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