Telangana High Court
Bollampally Veerareddy vs Union Of India on 17 February, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.4524 OF 2025
ORDER:
This writ petition is filed seeking the following relief:
" ... pleased to issue an appropriate writ, order or
direction more particularly one in the nature of Writ of
Mandamus declaring the action of the Respondents in
impounding the passports of the petitioners vide
Passport No. X6034119 and X6035728 vide Surrender
Certificates on the ground of pendency of the criminal
case vide C. C. No. 495/2023 for the offence u/sec 498-
A IPC r/w secs. 3 and 4 of D.P. Act as illegal, improper,
unjust, arbitrary and contrary to law and consequently
set aside the same and further direct the Respondent
No.3 to return the passports No. X6034119 and
X6035728 to the petitioners and pass......"
2. Heard Sri T.Chaitanya, learned counsel for the petitioners
and Sri Gadi Praveen Kumar, learned Deputy Solicitor General
of India appearing 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 petitioners
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 petitioners are also ready to cooperate with the
Trial Court in concluding the trial and they are 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.3 to consider
the reply submitted by the petitioners 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:
1 2020 Crl.L.J.(SC) 572
(i) The respondent No.3 shall release the petitioners'
passports within two weeks from 22.02.2025. The
respondent No.3 shall inform the petitioners of the
time and place for the release of the passports.
ii) The petitioners shall submit an undertaking
along with an affidavit before the learned I
Additional Chief Judicial Magistrate at
Visakhapatnam in C.C.No.495 of 2023 stating that
they will not leave India during pendency of the
C.C. without permission of the Court and they 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 two weeks
from the date of filing of the undertaking.
(iv) The petitioners shall submit the certified copy of
the aforesaid undertaking along with the
reply/explanation before the concerned Passport
Officer for consideration of their application for
release of passport.
(v) Respondent No.3 shall be at liberty of taking
steps on breach of the undertaking.
v) 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 petitioners. The petitioners
shall also be at liberty to rely on the decisions in
this regard. The petitioners shall be at liberty to file
an application before the learned I Additional Chief
Judicial Magistrate at Visakhapatnam 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: 17.02.2025
Note: Issue CC in three days.
b/o
pgp
