Telangana High Court
Sri Mallikarjun Reddy Chagam vs The Union Of India on 20 January, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION No.36777 OF 2024
Mr. K.Raghavendra Reddy, learned counsel appearing for the petitioner.
ORDER:
The present writ petition has been filed challenging the failure
of the respondent No.2-Regional Passport Officer in renewing the
petitioner's passport and for a direction on the respondent No.2 to
renew the passport of the petitioner.
2. No one appears for the respondents today even though they
were represented on the last 2 occasions.
3. After hearing learned counsel appearing for the petitioner, 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 to 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
2020 Crl.L.J.(SC) 572
renewal 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.
4. This Court is accordingly of the view that the Writ Petition can
be disposed of by directing the respondent No.2 to take steps for
renewing the 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:
(i) The petitioner shall submit an undertaking along with an affidavit
before the learned Additional Judicial Magistrate of First Class at
Gadwal in C.C.No.875 of 2020 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 renewal of 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 be at liberty to file an application before the
learned Additional Judicial Magistrate of First Class at Gadwal
seeking permission to travel outside India. The learned Additional
Judicial Magistrate of First Class at Gadwal shall consider the same
in accordance with law.
5. W.P.No.36777 of 2024 is disposed of in terms of the above.
Interim orders, if any, shall stand vacated and all connected
applications are disposed of. There shall be no order as to costs.
__________________________________
MOUSHUMI BHATTACHARYA, J
Date: 20.01.2025
ssp/vsu
