Telangana High Court
Mr. Kamani Anil Kumar vs The Union Of India, on 20 January, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION No.1417 OF 2025
Mr. Kiran Reddy Mallarapu, learned counsel for the petitioner.
Ms. N.V.R.Rajya Lakshmi, learned counsel representing Mr. Gadi Praveen Kumar, learned Deputy
Solicitor General of India, appearing for the respondents.
ORDER:
The present writ petition has been filed by the petitioner
challenging the failure of the respondent No.2-Regional Passport
Officer in not issuing a fresh passport and for a direction on the
respondent No.2 to process the petitioner's application for issuing a
fresh passport.
2. The respondent authorities are represented.
3. 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 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
2020 Crl.L.J.(SC) 572
the Passport Authority cannot refuse the renewal of passport on the
ground of pendency of criminal proceedings and accordingly directed
the Passport Authority to renew the passport of the petitioners
without raising objection relating to pendency of criminal
proceedings.
4. Accordingly, this Court is of the view that the Writ Petition can
be disposed of by directing the respondent No.2 to take steps for
issuance of fresh 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 Judicial Magistrate of First Class, Bellampalli in
C.C.No.251 of 2024 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 issuance of fresh 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 Judicial Magistrate of First Class, Bellampalli and seeking
permission to travel outside India. The learned Judicial Magistrate
of First Class, Bellampalli, shall consider the same in accordance
with law.
5. W.P.No.1417 of 2025 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
vsu/ssp
