THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.1424 OF 2025

ORDER:

This writ petition is filed seeking the following relief:

“ ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of 2nd Respondent in withhold my passport facilities and thereby directing petitioner to surrender the passport bearing no.Y3814 986, dated 24.06.2024 vide file no.HYD/30/POL/ PIL/857/2024, dated 08.11.2024 and consequential notice dated18.12.2024 proposing to impound petitioner passport vide file no.HYD7066675482324 on the ground that 02 criminal cases are pending against me vide (1) Cr.no.94/ 2023 under sec 147, 148, 324 r/w 149 IPC of PS Bhupalapally which is registered as C.C.No.1411/2023 on the file of JFCM At Bhupalpally (2) Cr.No.34/2024 U/s 386, 406, 409, 420, 447 and 506 r/w 120B IPC and Sec 32 of PDPP Act of PS Bhupalpally, as illegal, arbitrary, unconstitutional, violation of principles of natural justice and contrary to the provisions of The Passports Act, 1967 and consequently direct the 2nd respondent to restore the facilities of petitioner passport bearing No Y3814 986 and thereby permit me to travel abroad without reference to the said criminal cases.”

2. Heard Sri B.Jayashankar, learned counsel for the petitioner and Smt N.V.R.Rajya Lakshmi, learned counsel representing Sri G.Praveen Kumar, learned Deputy Solicitor General of India, appearing for respondents.

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

4. 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 the Hon’ble Supreme Court Judgment in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation1 and came to the finding that mere pendency of criminal case cannot be a ground to decline the renewal/reissue of passport provided that the petitioner is ready for renewal/reissue of passport. In this case the petitioner is also ready to cooperate with the Trial Court in concluding the trial and he is also willing to cooperate with the pending proceedings. In Vangala Kasturi Rangacharyulu (supra), the Hon’ble Supreme Court held that the Passport Authority cannot refuse the release of passport on the ground of pendency of criminal proceedings and accordingly directed the Passport Authority to renew the passport of the petitioner without raising objection relating to pendency of criminal

1 2020 Crl.L.J.(SC) 572

proceedings.

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 reply submitted by the petitioner and take steps for release 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 respondent No.2 shall release the petitioner’s Passport within 2 weeks from 04.02.2025. The respondent No.2 shall inform the petitioner of the time and place for the release of Passport.

(ii) The petitioner shall submit an undertaking along with an affidavit before the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhulapalally, in C.C.No.1411 of 2023 and learned Judicial First Class Magistrate at Bhupalapally in Crime No.34 of 2024 of Bhupalapally Police Station, stating that the he will not leave India during pendency of the C.C and crime without permission of the Court and the he will cooperate with the Trial Court in concluding the criminal proceedings.

(iii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking.

(iv) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration