Telangana High Court
Thonda Ravi vs The Government Of India on 31 January, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.2808 OF 2025
ORDER:
This writ petition is filed seeking the following relief:
" ... to issue a Writ Order or direction more particularly
one in the nature of Writ of Mandamus declaring the action of
respondent No.2 for rejecting the passport application
No.HY3065720517123, dated 21.10.2024, as illegal, arbitrary,
contrary to the provisions of the Indian Pass Port Act, 1967,
violation of the fundamental rights guaranteed under the
Constitution of India, consequently direct respondent No.2 to
issue a passport to the petitioner by considering the
application No.HY3065720517123, dated 21.10.2024 for
issuing the passport."
2. Heard Sri N.Krishna, learned counsel for the
petitioner and Sri P.Shashidhar Reddy, learned Standing
Counsel 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
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 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 petitioner is also ready to cooperate with the Trial
Court in concluding the trial and he is 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.2 to consider the reply submitted by the petitioner and
take steps for release of the passport in due compliance of
1 2020 Crl.L.J.(SC) 572
the findings of the Hon'ble Supreme Court in Vangala
Kasturi Rangacharyulu (supra). The directions are as
follows:
(i) The respondent No.2 shall release the petitioner's
Passport within 2 weeks from 05.02.2025. The
respondent No.2 shall inform the petitioner of the time
and place for the release of Passport.
(ii) The petitioner shall submit an undertaking along
with an affidavit before the learned Judicial Magistrate
of First Class at Chevella, in C.C.No.287 of 2020
stating that the he will not leave India during
pendency of the C.C and crime without permission of
the Court and the he 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 2 weeks from the
date of filing of the undertaking.
(iv) The petitioner shall submit the certified copy of
the aforesaid undertaking along with the reply/
explanation before the concerned Passport Officer for
consideration of his application for release of
passport.
(v) The respondent No.2 shall be at liberty of taking
steps on breach of the undertaking.
(vi) 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. The petitioner shall be at liberty to file an
application before the learned Judicial Magistrate of
First Class at Chevella, 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: 31.01.2025
Note: Issue CC in three days
b/o
vsl
