Telangana High Court
Ikramuddin Syed Khaja vs Union Of India on 5 March, 2025
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.6658 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
the Respondent No.2 in not issuing a Passport to the Petitioner
vide Letter in Ref. No.SCN/320563095/25, dt.23-01-2025
pertaining to File No.HY8067277327125 referring to pendency
of criminal case in Crime No. 350 of 2023 on the file of Mills
Colony Police Station, now pending in C.C.No.1274 of 2023
wrongly mentioned as C.C.NO. 2055 of 2023 in the Letter dt.
23-01-2025 of the 2nd respondent on the file of I Addl. Judicial
First Class Magistrate, Warangal as highly illegal, arbitrary and
in violation of Article 14 and 21 of the Constitution of India and
consequently set aside the Letter in Ref. No.
SCN/320563095/25 dt. 23-01-2025 and direct the 2nd
respondent to issue a Passport to the Petitioner without
reference to pendency of Crime No. 350 of 2023 on the file of
Mills Colony Police Station, now pending in C.C.No. 1274 of
2023 9wrongly mentioned as C.C.No 2055 of 2023 in the Letter
dt. 23-01-2025 of the 2nd respondent) on the file of I Addl.
Judicial First Class Magistrate, Warangal forthwith."
2. Heard Sri G.Sundaresan, learned counsel for the
petitioner and Smt.N.V.R.Rajya Lakshmi, learned 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 petitioner to submit a reply
to the letter dated 23.01.2025. The respondent No.2 shall
consider the reply submitted by the petitioner and take steps for
1 2020 Crl.L.J.(SC) 572
issuance of the passport in due compliance of the findings of the
Hon'ble Supreme Court in Vangala Kasturi Rangacharyulu
(supra). The directions are as follows:
(i) The petitioner shall submit an undertaking along with
an affidavit before the learned I Additional Junior Civil
Judge-cum-I Additional Judicial Magistrate of First Class,
Warangal in C.C.No.1274 of 2023, stating that he will not
leave India during pendency of the C.C. 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 issuance 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 issuance of the passport. The petitioner shall at liberty
to file an application before the learned I Additional Junior
Civil Judge-cum-I Additional Judicial Magistrate of First
Class, Warangal 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: 05.03.2025
Note: Issue CC in two days
b/o
vsl
