Telangana High Court
Kaipilyawar Satish Bhaskar Rao vs The Government Of India on 6 February, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No2315 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
the 2nd Respondent in refusing to renew the passport to the
petitioner vide notice File No.HY2076905525124 Legal Section
dated 30.09.2024 and 03.10.2024 pursuant to the Passport
application submitted by the petitioner vide file No.HY20769
05525124 Application Reference No.241010135473, dated
04.09.2024 on the ground that a criminal case vide
C.C.No.275 of 2023 Filing No.326 of 2023 in Cr.No.74 of 2023
on the file of the Police P.S. Sadashivnagar, Kamareddy
District on the file of the Honble Additional Junior Civil Judge-
cum-Special Judicial First Class Magistrate Mobile at
Kamareddy is pending against him as illegal, arbitrary, abuse
of process of law, violation of principles of natural justice and
against rules and set aside the notice File No.HY207690
5525124 Legal Section dated 30.09.2024 and 03.10.2024 and
consequently direct the 2nd respondent to issue/renew the
passport to the petitioner by considering the passport
application submitted by him vide file No.HY2076905525124
Application Reference No.241010135473, dated 04.09.2024
without reference to the pendency of the criminal case in the
interest of justice."
2. Heard Sri S.Surender Reddy, learned counsel for the
petitioner and Smt.T.Suhasini, 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 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 petitioner to submit a reply
to the letter dated 03.10.2024. The respondent No.2 shall
1 2020 Crl.L.J.(SC) 572
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 Additional Junior Civil Judge-cum-
Special Judicial First Class Magistrate (Mobile) at
Kamareddy in C.C.No.275 of 2023 stating that the 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 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 Additional Junior Civil
Judge-cum-Special Judicial First Class Magistrate (Mobile)
at Kamareddy 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: 06.02.2025
Note: Issue CC in two days
b/o
vsl
