HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27033 of 2024

ORDER:

Heard learned counsel for the petitioner and Smt. NVR Rajya Lakshmi, learned Standing Counsel appearing for respondent Nos.1 and 2.

2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue Writ, Order or direction more so in the nature of writ of Mandamus declaring the action of respondent No.2 in not reissuing /granting passport to the petitioner for a period of 10 years which is highly illegal, arbitrary and it is also against Article 21 of the Constitution of India and consequently direct the 2nd respondent to forthwith issue Passport for a period of 10 years to the Petitioner without referring to the pendency of Criminal Case in Cr.No.99 of 2019 Dt 06/05/2019 on the file of the PS Cyber Crime for the offences U/s 406, 66-D, ITA-2000-2008…”

3. Learned counsel for the petitioner submits that this Court vide order dated 17.06.2025 in I.A.No.2 of 2025 in W.P.No.27033 of 2024 permitted the petitioner to make fresh application for renewal of his passport within a period of one week from the date of receipt of a copy of the order. Hence, the petitioner had made an application on 25.06.2025 and thereafter, the Regional Passport Officer has informed that there is a criminal case pending in Crime No.99 of 2019 under Section 406 IPC, 66-D of IT Act, 2000, in Cyber Crime Police Station, Cyberabad, and whenever such pendency is brought to the notice of the Passport Issuing Authority, provisions of Section 6(2)(f) of the Passports Act, 1967 are attracted.

Aggrieved by the same this writ petition is filed.

4. Learned counsel for the petitioner submits that in similar circumstance this Court vide order dated 04.03.2025 in W.P.No.6398 of 2025 has passed the following order:

“5. This Court is accordingly of the view that the Writ Petition can be disposed of by directing the respondent No.2 to consider the explanation/reply submitted by the petitioner dated 13.02.2025 and take steps for renewal of the passport in due compliance of the findings of the Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu (supra) The directions are as follows::

(i) The petitioner shall submit an undertaking along with an affidavit before the learned IV Additional Metropolitan Magistrate- cum-IV Additional Junior Civil Judge at L.B.Nagar, Ranga Reddy District in C.C.No.1535 of 2024 stating that he will not leave India during pendency of the C.C without permission of the Court and he 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 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 Courts 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. The petitioner shall deposit the original passport before the trial Court in criminal case for renewal of the passport. The petitioner shall at liberty to file an application before the learned IV Additional Metropolitan Magistrate-cum-IV Additional Junior Civil Judge at L.B.Nagar, Ranga Reddy District seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordance with law.

5. Learned counsel for the petitioner pray this Court to pass similar order as passed in W.P.No.6398 of 2025 dated 04.03.2025

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

7. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the cas