Telangana High Court
Pingili Rama Devi vs The Union Of India on 14 February, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.4317 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 on
the part of the respondent No.2 in not renewing the passport
of the petitioner bearing no.J2217795 pursuant to application
of the petitioner dated 27/12/2024 to respondent no.2 online
as illegal, arbitrary and without jurisdiction and consequently
direct the respondents to renew the passport of the petitioner
for a period of 10 years in accordance with Rule 12 of Passport
Rules 1980."
2. Heard Sri Mallareddy Gadipally, learned counsel for
the petitioner and Smt.N.V.R.Rajya Lakshmi, learned
counsel representing Sri G.Praveen Kumar, learned Deputy
Solicitor General of India, 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 respondent
No.2 to consider the explanation/reply submitted by the
1 2020 Crl.L.J.(SC) 572
petitioner dated 30.01.2025 and take steps for release 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 respondent No.2 shall release the petitioner's
Passport within 2 weeks from 19.02.2025. 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 First
Class Magistrate at Jangaon in C.C.No.1229 of 2019
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
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 First Class
Magistrate at Jangaon 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: 14.02.2025
Note: Issue CC in two days
b/o
vsl
