"...to issue an appropriate Writ, order or direction
more particularly one in the nature of Writ of
Mandamus declaring the action of the Respondent
No. 3 in refusing to renew her passport Bearing
No.N3100652 issued on 22-09-2015 and valid till
21-09-2025 on the ground of pendency of Criminal
case CC No.1023/2020 pending on the file of learned
Judicial First Class Magistrate At Jangaon vide their
letter in File No.HY1074922827625 dated 21-04-2025
and issued by the Respondent No.3 as illegal,
Arbitrary and violative of Art 19, 21 and 300A of the
constitution of India and consequently direct the
Respondents to forthwith renew the passport of the
Petitioner made vide File No.HY1074922827625 dated
21-04-2025 for a period of 10 years under Section 10 of
Passports Act, 1967 and under Rule 12 of Passport
Rules, 1980 without reference to the criminal
proceedings pending against the petitioner in CC No.
1023/2020 on the file of the learned Judicial First Class
Magistrate At Jangaon and also the Gazette
notification issued by the Central Government vide
GSR No.570 (E) dated 25-8-1993 by setting aside the
rejection letter in File No.HY1074922827625 dated
21-04-2025 issued by Respondent No.3 and to release
the same to the petitioner herein in the interest of
Justice ..."
2. Heard learned counsel for the petitioner and the learned
Deputy Solicitor General of India appearing for the
respondents.
3. Learned counsel appearing for both the parties
submitted that the issue involved in this Writ Petition was
considered by two 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 the present case and Vangala
Kasturi Rangacharyulu's case (supra).
4. Accordingly, this Court is of the view that the Writ
Petition can be disposed of by directing the respondent No.3
2020 Crl.L.J. (SC) 572
to take steps for renewal of passport of the petitioner in due
compliance of the findings of the Hon'ble Supreme Court in
Vangala Kasturi Rangacharyulu's case (supra). The petitioner
shall however comply with the following conditions:
(i) The petitioner shall submit an undertaking along with an
affidavit before the learned Judicial First Class Magistrate,
Jangaon, in C.C.No.1023 of 2020 stating that the petitioner will
not leave India during pendency of the said case 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 to the petitioner within two 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 her application for renewal of passport.
(iv) The Passport Authority shall consider the documents in
the light of the observations made by the Court 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 learned Judicial First Class Magistrate, Jangaon, after
renewal of passport. The petitioner shall be at liberty to file
an application before the learned Judicial First Class
Magistrate, Jangaon, seeking permission to travel outside
India. The learned Judicial First Class Magistrate, Jangaon,
shall consider the same in accordance with law.
5. With the above observations/directions, the Writ
Petition is disposed of.
As a sequel thereto, miscellaneous applications, if any,
pending in the Writ Petition shall stand closed. There shall be
no order as to costs.
___________________________
JUSTICE PULLA KARTHIK
14th May, 2025
Note: Issue C.C. in two (2) days.
rkk/MD
