Telangana High Court
Venkata Krishna Reddy Adavally vs The Union Of India on 4 March, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.6391 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 Letter Ref
No.SCN/314111109/23, dt.17/01/2023 issued by the respondent No.2
and in not renewing the petitioners application vide file
No.HY1074952172523, dt.09/03/2023 for renewing the Passport
bearing No.L2231881 due to pendency of CC No.893/2022 on the file
of the 1st Addl. Jr. Civil Judge Court at Miryalguda (Crime
No.34/2022, PS Miryalguda) and CC No.960/2023 on the file of the
Xth Addl. Metropolitan Magistrate, Cyberabad at Kukatpally (Crime
No.128/2023, PS Gachibowli) and in not considering petitioners
representation submitted on 09/02/2023 to the 2nd respondents along
with necessary documents as illegal, arbitrary and unconstitutional
and contrary to the provisions of the Passport Act, 1967 and
consequently direct the respondent No.2 to renew the Passport
bearing No.L2231881 of the petitioner for further period of 10 years
without reference to the CC No.893/2022 on the file of the lst Addl. Jr.
Civil Judge Court at Miryalguda (Crime No.34/2022, PS Miryalguda)
and CC No.960/2023 on the file of the Xth Addl. Metropolitan
Magistrate, Cyberabad at Kukatpally (Crime No.128/2023, PS
Gachibowli.."
2. Heard Sri K.Jagadishwar Reddy, learned counsel for the petitioner
and Smt.Sushma, learned counsel representing Sri G.Praveen Kumar,
learned Deputy Solicitor General of India, 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 Investigation1
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
explanation/reply submitted by the petitioner dated 09.02.2023 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).
1 2020 Crl.L.J.(SC) 572
The directions are as follows:
(i) The petitioner shall submit an undertaking along with an
affidavit before the learned I Additional Junior Civil Judge at
Miryalaguda in C.C.No.893 of 2022 and before the learned X
Additional Metropolitan Magistrate, Cyberabad at Kukatpally in
C.C.No.960 of 2023 Additional Metropolitan Magistrate,
Cyberabad at Kukatpally in C.C.No.960 of 2023 stating that he
will not leave India during pendency of the C.Cs. without
permission of the Court and he 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 at liberty to file an application before the learned I
Additional Junior Civil Judge at Miryalaguda and learned X
Additional Metropolitan Magistrate, Cyberabad at Kukatpally,
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: 04.03.2025
Note: Issue CC in three days
b/o
vsl
