Telangana High Court
Kandimalla Prabhakar Reddy vs Union Of India on 21 January, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION NO.1583 OF 2025
Mr. S. Chandra Mohan Reddy, learned counsel for the petitioner.
Mr. K.L.N.Raghavendra Reddy, learned counsel representing Mr. Gadi Praveen
Kumar, the learned Deputy Solicitor General of India, for the respondents.
ORDER:
The present writ petition has been filed challenging the failure
of the respondent No.2 - Chief Passport Officer and the respondent
No.3-Regional Passport Officer in renewing the petitioner's passport
and for a direction on the respondent Nos.2 and 3 to renew the
passport of the petitioner.
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
2020 Crl.L.J.(SC) 572
similarities between the present case and Vangala Kasturi
Rangacharyulu (supra) where the Hon'ble Supreme Court held that
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 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 directing the respondent Nos.2 and 3 to take steps for
renewal of the passport in due compliance of the findings of the
Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu (supra).
The petitioner shall however comply with the following conditions:
(i) The petitioner shall submit an undertaking along with an affidavit
before the learned 1st Junior Civil Judge at Nalgonda, in C.C.No.1078
of 2023 stating that the petitioner will not leave India during
pendency of the C.C. 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 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.
(v) The petitioner shall deposit the original passport before the Trial
Court in criminal case for renewal of the passport. The petitioner
shall be at liberty to file an application before the learned 1st Junior
Civil Judge at Nalgonda, seeking permission to travel outside India.
The learned 1st Junior Civil Judge at Nalgonda, shall consider the
same in accordance with law.
5. W.P.No.1583 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: 21.01.2025
vsu/ssp
