Telangana High Court
Thonda Ravi vs The Government Of India on 31 January, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.2808 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 respondent No.2 for rejecting the passport application No.HY3065720517123, dated 21.10.2024, as illegal, arbitrary, contrary to the provisions of the Indian Pass Port Act, 1967, violation of the fundamental rights guaranteed under the Constitution of India, consequently direct respondent No.2 to issue a passport to the petitioner by considering the application No.HY3065720517123, dated 21.10.2024 for issuing the passport."
2. Heard Sri N.Krishna, learned counsel for the petitioner and Sri P.Shashidhar 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 2 Bureau of Investigation 1 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 respondent No.2 to consider the reply submitted by the petitioner and take steps for release of the passport in due compliance of 1 2020 Crl.L.J.(SC) 572 3 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 05.02.2025. 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 Judicial Magistrate of First Class at Chevella, in C.C.No.287 of 2020 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 4 the aforesaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration of his application for release of passport.
(v) The respondent No.2 shall be at liberty of taking steps on breach of the undertaking.
(vi) 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 be at liberty to file an application before the learned Judicial Magistrate of First Class at Chevella, seeking permission to travel outside India and the learned Magistrate, shall consider the same in accordance with law. 5
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: 31.01.2025 Note: Issue CC in three days b/o vsl