Citation : 2025 Latest Caselaw 940 Tel
Judgement Date : 8 January, 2025
THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
WRIT PETITION NO.474 OF 2025
Sri Kanumuri Kalyani, learned counsel for the petitioner.
Ms.N.V.R. Rajya Lakshmi, learned counsel for the respondents. .
ORDER:
The present writ petition has been filed for a direction on the
respondent No.2/the Regional Passport Officer, to renew and
reissue the passport of the petitioner. The petitioner has also
challenged a communication issued by the said respondents on
13.12.2024 seeking clarification with regard to pending criminal
proceedings involving 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 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 of passport provided that the petitioner is ready for
renewal of passport. In this case the petitioner is also ready to
cooperate with the Trial Court in concluding the trial. The
2020 Crl.L.J.(SC) 572
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petitioner before the Court is also willing to cooperate with the
pending proceedings. This Court also finds factual similarities
between Vangala Kasturi Rangacharyulu (supra) and the present
case 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. Accordingly, this Court is of the view that the Writ Petition
can be disposed of by directing the respondent No.2 to consider the
reply dated 30.12.2024 submitted by the petitioner and 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 be subject to the following conditions:
(i) The petitioner shall submit an undertaking along
with an affidavit before the learned Spl. Sessions for
Trial of Cases under SCs and STs(POA) Act,1989-
Cum-VII Additional District and Sessions Judge,
Ranga Reddy District, at L.B.Nagar in SC.No.219 of
2018 stating that the petitioner will not leave India
during pendency of the C.C. without permission of the
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Court and 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 along with the
reply/explanation 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.
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 Spl. Sessions for
Trial of Cases under SCs and STs(POA) Act,1989-
Cum-VII Additional District and Sessions Judge,
Ranga Reddy District, at L.B.Nagar seeking permission
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to travel outside India. The Spl. Sessions for Trial of
Cases under SCs and STs(POA) Act,1989- Cum-VII
Additional District and Sessions Judge, Ranga Reddy
District, at L.B.Nagar shall consider the same in
accordance with law.
5. W.P.No.474 of 2025 is disposed of in terms of the above.
Miscellaneous applications pending, if any, shall stand closed.
There shall be no order as to costs.
__________________________________ MOUSHUMI BHATTACHARYA, J
January 08, 2024 BMS
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