Telangana High Court
Smt. Vani Ramagani Vani Addagatla vs The Govt Of India on 11 February, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.3850 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
2nd Respondent in not renewing the passport of petitioner
made vide File No.HY1077257233324, dated 31.12.2024 as
illegal. arbitrary and without jurisdiction and to consequently
direct the Respondents to forthwith renew the passport of the
petitioner made vide File No.HY1077257233324, dated
31.12.2024 for a period of 10 years under Section 10 of
Passports Act, 1967 and under Rule 12 of Passport Rules
1980 without reference to the criminal proceedings pending
against the petitioner in C.C.No.199 of 2017 on the file of the
Honble XII Additional Chief Metropolitan Magistrate at
Nampally Hyderabad and also the Gazette Notification issued
by the Central Government vide GSR.No.570E dated
25.8.1993 Award costs."
2. Heard Sri L.Sudheer, 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 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 24.01.2025. 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
1 2020 Crl.L.J.(SC) 572
(supra). The directions are as follows:
(i) The petitioner shall submit an undertaking along with
an affidavit before the learned XII Additional Chief
Metropolitan Magistrate at Hyderabad in C.C.No.199 of
2017 stating that she will not leave India during pendency
of the C.C. without permission of the Court and she 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
her 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 learned XII Additional
Chief Metropolitan Magistrate at Hyderabad 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: 11.02.2025
Note: Issue CC in two days
b/o
vsl
