Telangana High Court
Soma Rajasekhar Reddy vs The Union Of India on 17 April, 2025
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.11648 of 2025
ORDER:
Heard learned counsel for the petitioner and Ms.B.Laxmi Prasuna,
learned standing counsel appearing on behalf of respondents. With the
consent of the parties, the writ petition is being taken up for disposal at the
admission stage itself.
2. This writ petition is filed seeking the following prayer:-
"to declare the impugned action of the Respondent No.2 in not
renewing the passport application No.HY7076890066124 dated
29.08.2024 with issuing letter dated 31.12.2024 is arbitrary, illegal
and violative of the principals of natural justice and equity including
Article 14, 19, 21 of the Constitution of India and including the
judgments of Honorable Apx Court and our Hon'ble High Court
reported in 2023 (1) ALD 394 TS by setting aside the above letter
dated 31.12.2024 and further be pleased to direct the respondent
No.2 to consider application dated 29.08.2024 with application
No.HY7076890066124 for renewal of the petitioner."
3. Today when the matter has been taken up for hearing, learned counsel
for the petitioner would submit that while dealing with the similar
circumstances, this Court vide order dated 07.04.2025 had disposed of the
W.P.No.10352 of 2025 with certain conditions and learned counsel for the
petitioner further pray this Court to pass similar order as passed in
W.P.No.10352 of 2025.
4. Learned Standing counsel appearing on behalf of respondent Nos.1
and 2 reported no objection in passing similar orders.
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5. Accordingly, this writ petition is disposed of with a direction to
respondent authorities to consider the case of the petitioner and take steps for
release of the passport in due compliance of the findings of the Hon'ble
Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central
Bureau of Investigation1. The directions are as follows:
(i) The petitioner shall submit an undertaking along with an
affidavit before the Judicial Magistrate of First Class (Excise)
at Karimnagar, in Cr.No.344 of 2023, stating that the
petitioner will not leave India during pendency of the said
C.C. without permission of the Court and the petitioner will
cooperate with the Trial Court in concluding the criminal
proceedings.
(ii) The Trial Court shall issue a certified copy of the
undertaking along with an affidavit within Two (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 Court 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.
2020 Crl.L.J. (SC) 572
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(v) The Passport authority is directed to renew the passport of
the petitioner without raising the objection relating to the
pendency of the criminal proceedings before the Trial Court.
(vi) The petitioner shall deposit the original passport before the
Judicial Magistrate of First Class (Excise) at Karimnagar, in
Cr. No.344 of 2023 after renewal of the passport.
(vii) The petitioner shall be at liberty to file an application before
the Judicial Magistrate of First Class (Excise) at Karimnagar,
seeking permission to travel outside India. The Judicial
Magistrate of First Class (Excise) at Karimnagar, shall
consider the same in accordance with law.
6. Recording the above said submission, writ petition is disposed of,
accordingly.
Miscellaneous petitions, pending, if any, shall stand closed. However,
there shall be no order as to costs.
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N.V.SHRAVAN KUMAR,J
Date: 17.04.2025
SU
