Telangana High Court
Jaipal Reddy Yalala vs Union Of India on 21 January, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION NO.1485 OF 2025
Mr. Palle Sriharinath, learned counsel for the petitioner.
Ms. N.V.R. Rajya Lakshmi, 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-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. 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
2020 Crl.L.J.(SC) 572
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 No.2 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 XIII Additional Judicial Magistrate of
First Class, Rangareddy at Rajendranagar, in C.C.No.4525 of
2021 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 XIII Additional Judicial Magistrate of First Class,
Rangareddy at Rajendranagar, seeking permission to travel
outside India. The learned XIII Additional Judicial Magistrate of
First Class, Rangareddy at Rajendranagar, shall consider the
same in accordance with law.
5. The respondents shall be at liberty of deciding the
duration for which the passport is to be issued.
6. W.P.No.1485 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
