THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.5033 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 directing the Respondent No.2 to reissue the passport to the petitioner without reference to the criminal case against the petitioner in the interest of justice by declaring the action of the Respondents No.2 in not reissuing the passport of the petitioner on the ground of pendency of criminal case as illegal void arbitrary and against the provisions of passport act.”

2. Heard Sri M.Ramesh Goud, learned counsel for the petitioner and Smt.Anjali Agarwal, 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 03.12.2024. 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 II Additional Judicial Magistrate of Fist Class at Karimnagar in C.C.No.1891 of 2023 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 issuance 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 for issuance of the passport. The petitioner shall at liberty to file an application before the learned II Additional Judicial Magistrate of First Class at Karimnagar seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordance with law.

6. With the above observations, the Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs.

_______________________ J. SREENIVAS RAO, J

Date: 20.02.2025

Note: Issue CC in two days

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