Telangana High Court
Palepu Rambabu vs Union Of India on 5 February, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.3126 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 in declaring the
inaction of Respondent No.2 is refusing to reissue Passport to
the Petitioner and issued vide impugned Letter
Ref.No.OBJ/320595143/25 dated 27.01.2025 pertaining to
File No.HY1068889763115 dated 12.12.2024 referring to
pendency of Cr.No.182/2020 on the file of the Chityal Police
Station now pending vide C.C.No.3017/2022 on the file of the
Principal Junior Civil Judge-cum-Judicial Magistrate of First
Class, Bhupalapally as highly illegal, arbitrary and in violation
of Articles 14 and 21 of the Constitution of India consequently
set aside impugned notice Ref.No.OBJ/320595143/25, dated
27.01.2025 the Letter Ref.HY1068889763115, dated
12.12.2024 and direct the 2nd respondent to reissue the
Passport to the petitioner without reference to pendency of
Cr.No.182/2020 on the file of the Chityal Police Station."
2. Heard Ms.B.Sneha, 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
judgment of the Hon'ble Supreme Court in Vangala Kasturi
Rangacharyulu v. Central Bureau of Investigation 1 and
came to the finding that mere pendency of criminal case cannot
be a ground to decline the renewal of passport. The petitioner
before the Court is also willing to cooperate with the pending
proceedings. This Court also finds factual similarities between
the present case and Vangala Kasturi Rangacharyulu (supra)
where the Hon'ble Supreme Court held that the Passport
Authority cannot refuse the renewal of passport on the ground
of pendency of criminal proceedings and accordingly directed
the Passport Authority to renew the passport of the petitioners
without raising objection relating to pendency of criminal
proceedings.
5. Accordingly, this Court is of the view that the Writ Petition
can be disposed of by directing the respondent No.2 to take
steps for issuance of fresh passport in due compliance of the
findings of the Hon'ble Supreme Court in Vangala Kasturi
Rangacharyulu's case (supra). The petitioner shall however
comply with the following conditions:
1 2020 Crl.L.J.(SC) 572
(i) The petitioner shall submit an undertaking along with
an affidavit before the learned Principal Junior Civil
Judge-cum-Judicial Magistrate of First Class,
Bhupalapally in C.C.No.3017 of 2022 stating that the
petitioner will not leave India during pendency of the said
case without permission of the Court and that 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 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 before the concerned Passport
Officer for consideration of his application for issuance of
fresh 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.
(v) The petitioner shall deposit the original passport before
the learned Principal Junior Civil Judge-cum-Judicial
Magistrate of First Class, Bhupalapally for issuance of
fresh passport. The petitioner shall be at liberty to file an
application before the learned Principal Junior Civil
Judge-cum-Judicial Magistrate of First Class,
Bhupalapally 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: 05.02.2025
Note: Issue CC in three days
b/o
vsl
