THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.4378 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 action of 2nd respondent in not considering the petitioner’s application reference No.HY1077284592525 for renewal issuance of passport due to pendency of C.C.No.12457 of 2021 on the file of the Honorable IX Metropolitan Magistrate at Hyderabad and appeared on 30.01.2025 before the 2nd respondent and direct for court order the action of the respondent No.2 as illegal, arbitrary and unconstitutional and contrary to the provisions of the Passport Act, 1967 and consequently direct the respondents to issue passport to travel abroad without reference to the pendency of Criminal Case C.C.No.12457 of 2021 on the file of the Honorable IX Metropolitan Magistrate at Hyderabad.”

2. Heard Sri G.Rajeshwar Rao, learned counsel for the petitioner and Smt L.Pranathi Reddy, learned Standing Counsel 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 Investigation, 2020 Crl.L.J.(SC) 572 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 proceedings.

5. This Court is accordingly of the view that the Writ Petition can be disposed of by directing the petitioner to submit a reply to the letter dated 22.01.2025. The respondent No.2 shall consider the reply submitted by the petitioner 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 IX Additional Chief Metropolitan Magistrate at Hyderabad in C.C.No.12457 of 2021 stating that she will not leave India during pendency of the C.C. without permission of the Court and she 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 her application for release 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 IX Additional Chief Metropolitan Magistrate at Hyderabad seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordance with law.

6. Wit