Allowed

Smt. Karuna Shree v. Union of India

Telangana HC9 Mar 2022WP/4001/2022

Case brief

AI extract

What is this about?

The High Court allowed a Writ Petition under Article 226. Held that pendency of a criminal case was not a bar to passport renewal. Directed the Regional Passport Officer to renew the petitioner's passport to enable her to attend criminal proceedings in India and work in the USA.

What did the court decide?

Direct respondent No. 3 to renew petitioner's passport bearing No. K3161242 forthwith, subject to fulfilling required conditions, and transmit it to the Consulate General of India, Atlanta, USA.

Smt. Karuna Shree Vs Union of India — Constitutional and Fundamental Rights | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶2

WEDNESDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER

¶5

WRIT PETITION NO: 4001 OF 2022

¶6

Betwee n:

¶7

Smt. Karuna Shree, W/o Vishwanatham Sreepada, D/o Narasimha Chary Cholleti, Aged 42 Years, R/o H. No. 8-40/3, Plot No. 8, tt/C Dowell Colony, Near Uppal, Hyderabad - 500 039, T.S., lndia presently residing at 11406, Jefferson Way, Alpharetta GA 30005, USA.

¶8

...PETITIONER

¶9

AND

¶10

1 Union of lndia, I,tlinistry of External Affairs, Passport and Visa (CPV) Division, Room No. 4095, B - Wing, Jawaharlal Nehru Bhavan, 23-D Janpath, New Delhi - 1 10 01^'1 , Represented by the Secretary.

¶11

2 The Chief Passport Officer, Ministry of External Affairs, 8, Patiala House, Tilak Ivlarg, New Delhi- 1 10 00'1 .

¶12

3 The Regional Passport Officer, Regional Passport Office, H. No. 8-2-2i S to 219, Kummarguda, Secunderabad - 500 003, T.S.

¶13

..,RESPONDENTS

¶14

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction particularly a Writ of I,4andamus directing the respondents to renew petitioner's passport bearing No. K3161242 forlhwith without any further delay to enable the petitioner to stay in USA and work as she has got valid and subsisting VISA.

¶15

l.A.NO: 1OF 2022

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Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in supporl of the petition, the High Court may be pleased to direct the respondents to consider to renew petitioner's passport bearing No. K3161242 forthwith pending disposal of writ petition.

¶17

Counsel for the Petitioner : SRI.T.P.ACHARYA

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Counsel for the Respondents : SRI.R.SRIDHAR

¶19

The Court made the following ORDER

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THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

¶21

WRIT PETITION No.4OO1 OF 2022

¶22

ORDER:

¶23

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made:

¶24

"... to issue a Writ, Order or Direction particularly a Writ of lvlandamus directing the respondents to renew petitioner's passport bearing No.K3161242 forthwith without any further delay to enable the petitioner to stay in USA and work as she has got valid and subsisting VISA and pass such other order or orders ..."

¶25

Heard the learned counsel for both sides and Derused

¶26

the record.

¶27

Learned counsel for the petitioner would submit that the petitioner is working in USA and her passport is going to expire on 01.05,2022. Therefore, the petitioner applied for renewal of her passport bearing No.K3161242 through online to the Consul General, Consulate General of india, Atlanta, USA and also submitted hard copy of the same along with her original^passport on 19.11.2021. But till date, the passport of the petitioner has not been renewed on the ground that a criminal case in Crime No.16t of 2021 of Women Police Station, Saroornagar, was registered For the offences under

¶28

¶29

Dr.SA.J W.I'].No.400l of2022

¶30

Sections 4984, 323^{and 506 of I.p,C, and Sections3 and 4 of} the Dowry Prohibition^{Act, against the petitioner and others'} The said crime is numbered as^{C.C.No.2859 of 202L on the} file of learned V^{Additional MetropolitanMagistrate,} Cyberabad, at L.B.Nagar.^{Seekingto quash the same, the} petitioner filed Crl.P.No.1534 of 2022^{before this Court and} this Court vide order, dated^{17'02 .2022, was pleasedto} dispense with the^{appearanceof the petitionerin the subject} C.C., however,^{directed the petitionerto appearin the subject} C.C. as and^{when her presenceis required.Pendency of the} said C.C. is not an^{impediment to renewthe passportof the} petitioner. Further, to attend the^{proceedings in the subject} C,C., the^{petitioner has to come to India and NBW, if any,} pending against the^petitioner also^{requires to be recalled,in} accordance with law^{and ultimately, sought todirect} respondent No.3 to renew^{the passportof the petitioner.}

¶31

Sri R. Sridhar, learned^{Central GovernmentCounsel,} would submit that the authority^{concernedhas transferredthe} passport of the petitioner to respondent^{No.3 for renewal. In} view of the^pendency of a^{criminalcase (C.C.No.2859of 2027}

¶32

Dr.S.A,J 3 \'.P.,'-o.100^{I o1 2022}

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onthefileoflearnedVAdditionalMetropolitanMagistrate, Cyberabad at^{L.B. Nagar) against the petitioner,the passport} of the^{petitioner is not renewed.}

¶34

As seen^{from the material placed on recordt the} petitioner is working in USA.^{She made an online application} for renewal of her^{passport bearing No'K3161242andalsc} submitted hard^{copy of the applicationon 19'11'2021' In} view of the^{pendencyof C.C.No.2859of 2027 on the file of V} Additional Metropolitan^{Magistrate, Cyberabad at l-'B' Nagar'} her^passport is not^{renewed. The passportof the petitioner} expires on 01.05.2022.

¶35

Here, it is apt to^{state that in Vangala Kasturi} Rangacharyulu^{v. Central Bureau of rnvestigationl, the} Honourable Apex^{Court considering the provisionsunder} Section 6(2) of^{the PassportsAct, 1967, held that even} pendency of a Criminal^{Appealis not a bar to renewthe} passport.

¶36

In the^given facts^{and circumstancesof the case,even} to attend the^{criminal proceedings in the aforesaid C'C'' the} rOrderdated27.09.202lpassedinl.A.No52346/202linCrl A rr-o'1343/20lT^{bythc llon'ble} Apex Court

¶37

l)r'SA.J 4 W.P.No.400l^of2022

¶38

petitioner has to^{come to India and attend the Court as and} when required^{till the proceedings in the aforesaid C'C' are} terminated'Therefore,thepassportofthepetitionerbearing No.K3161242^{is required to be renewed'}

¶39

S.Underthesecircumstances'therespondentNo'3is directedtoreneWthepassportofthepetitionerbearing No.K3161242^{forthwith, subject to fulfilling the required} conditions,^{ignoring the pendencyof C'C'No'2859 of 2021on} the file of^{learned V Additional MetropolitanMagistrate'} Cyberabad^{at L.B' Nagar, and transmitthe same to the} ConsulateGeneraloflndia,Atlanta'USA'tohandoverthe same to^the Petitioner'

¶40

9 With the above^{direction,the Writ Petition is disposed}

¶41

of.

¶42

Miscellaneous^{Petitions, if any, pending in this Writ}

¶43

Petition shall^{stand closed'No order as to costs'}

¶44

SD/.K.ONESI

¶45

ASSISTANT^REGIST

¶46

//TRUE COPY// SECTION FFICER

¶47

to ',. -rnu Secretary, Union of lndia, l'4inistry of External Affairs' Passport and^Visa (CPV) Division, noor'itfo.'?5s5,^{B - Wlns' Jawaharlal NehruBhavan' 23-D} ianPath, New New^{Delhi -110 011-110 011011}

¶48

ianPath, New New^{Delhi -110 011-110 011011}

¶49

1. The chief^{passportonil"i,'nrini.tryof External Affairs,B, Patiala House, Tilak} tr,4arg, New^{Delhi- 1 10 001'}

¶50

1. The Regionar^{pas.pJri6#icer,Regional} f99s9ort^{Office'H No S-2-215to} " 2i9, Kri;;irguda,'secunderabad - 500 00^3' T s' 4^-o;; Cc t"^{s{t.I.d.ACHARYA' Advocate [oPUC]}

¶51

o;; cc^{io snt.n.sRlDHAR, Advocate toPUCl}

¶52

Two CD Copies

¶53

One spare^coPY

¶54

One SPare^CoPY SA .) nra,rn Y

HIGH COURT

DATED:0910312022

ORDER

WP.No.4001^{of 2022}

DISPOSING^{OF THE W.P} WITHOUT^COSTS.

¶60

6"ftq ,,!-

¶61

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶62

WEDNESDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO

¶63

PRESENT

¶64

THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER

¶65

WRIT PETITION NO:4001 OF 2022

¶66

Betwee n:

¶67

Smt. Karuna Shree, Wo Vishwanatham Sreepada, D/o Narasimha Chary Cholleti, Aged 42 Years, R/o H. No. 8-40/3, Plot No. B, MC Dowell Colony, Near Uppal, Hyderabad_- q00 039, T.S., lndia presently residing at 11406,^jefferson Way, Alpharetta GA 30005, USA.

¶68

...PETITIONER

¶69

AND

¶70

1 Union of lndia, Ministry of External Affairs, Passport and Visa (CPV) Division, Room No. 4095, B - Wing, Jawaharlal Nehru Bhavan, 23-D Janpath, New Delhi -1 10 01 1 , Represented by the Secretary.

¶71

2 The Chief Passport Officer, Ministry of External Affairs, 8, Patiala House, Tilak [,4arg, New Delhi- 110 001.

¶72

3 The Regional Passport Officer, Regional Passport Office, H. No. 8-2-215 to 219, Kummarguda, Secunderabad - 500 003, T.S.

¶73

...RESPONDENTS

¶74

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction particularly a Writ of Mandamus directing the respondents to renew petitioner's passport bearing No. K3161242 forthwith without any further delay to enable the petitioner to stay in USA and work as she has got valid and subsisting VISA.

¶75

l.A.NO: 1 OF 2022

¶76

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider to renew petitioner's passport bearing No. K3161242 forthwith pending disposal of writ petition.

¶77

Counsel for the Petitioner : SRI.T.P.ACHARYA

¶78

Counsel for the Respondents : SRI.R.SRIDHAR

¶79

The Court made the following ORDER

¶80

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER

¶81

WRIT PETITION No.4OO1 OF 2022

¶82

ORDER:

¶83

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made:

¶84

"... to issue a Writ, Order or Direction particularly a Writ of Mandamus directing the respondents to renew petitioner's passport bearing No,K3161242 forthwith without any further delay to enable the petitioner to stay in USA and work as she has got valid and subsisting VISA and pass such other order or orders ..."

¶85

2, Heard the learned counsel for both sides and Derused

¶86

the record.

¶87

Learned counsel for the petitioner would submit that the petitioner is working in USA and her passport is going to expire on 01.O5.2022. Therefore, the petitioner applied for renewal of her passport bearing No.K3161242 through online to the Consul General, Consulate General of India, Atlanta, USA and also submitted hard copy of the same along with her original passport on 19.11.2021. But till date/ the passport of the petitioner has not been renewed on the ground that a criminal case in Crime No.16t of 2027 of Women Police Station, Saroornagar, was registered for the offences under

¶88

Dr.SA.J 2 w.P.l'ro.400l of 2022

¶89

Sections 498A,323^{and 506 of I.P.C. and Sections 3 and 4 of} the Dowry Prohibition^{Act, againstthe petitioner and others'} The said crime is^{numbered as C'C.No.2859of 2027 on the} file of learned V^{Additional MetropolitanMagistrate,} Cyberabad, at L.B.Nagar.^{Seekingto quash the same,the} petitioner filed Crl.P.No.1534 of 2022^{before this Court and} this Court vide otder,^{dated 17.02.2022,was pleasedto} dispense with the^{appearanceof the petitionerin the subject} C.C., however, directed^{the petitionerto appear in the subject} C.C. as and when^{her presenceis required.Pendency of the} said C,C. is not an^{impedimentto renew the passportof the} petitioner. Further, to attend the^{proceedings in the subject} C.C., the petitioner^has to^{come to India and NBW, if any,} pending against the petitioner also requires to be^recalled,in accordance with law and^{ultimately, sought todirect} respondent No.3 to renew^{the passportof the petitioner.}

¶90

Sri R. Sridhar, learned Central^{GovernmentCounsel,} would submit that the authority^{concernedhas transferred the} passport of the petitioner to respondent^{No.3 for renewal. In} view of the^pendency of a criminal^{case (C.C.No.2859of 202t}

¶91

Dr.SA,J \'.P.No.1001^{01 2022}

¶92

¶93

¶94

onthefileoflearnedVAdditionalMetropolitanMagistrate, Cyberabad at^{L'B. Nagar) against the petitioner' the passport} of the^{petitioner is not renewed'}

¶95

As seen^{from the material placed on record' the} petitioner is working in USA.^{She made an online application} for renewal^{of her passportbearing No'K3161242and also} submitted hard copy^{of the applicationon 19'11'2021'In} view of the^{pendency of C.C.No'2859 of 2021 on the file of V} Additional^{Metropolitan Magistrate, Cyberabad at l-'B' Nagar'} her^{passport is not renewed.The passportof the petitioner} expires on^01.05.2022'

¶96

Here, it is apt^{to state that in Vangala Kasturi} Rangacharyulu^{v. Central Bureau of Investigationl'the} Honourable Apex^{Courtconsidering the provisionsunder} Section 6(2) of^{the Passports Act, 1967, held that even} pendency of a Criminal^{Appealis not a bar to renew the} passPort.

¶97

In the^{given facts and circumstances of the case' even} to attend the^{criminal proceedings in the aforesaid C'C'' the} I Order dated 2?.09-2021 passed in LA'No'52346/2021 in Crl A No^{l34312017bythe Hon'b} lc Apex Court

¶98

Dr'SA,J W.P.No.400l^of2022

¶99

¶100

petitioner has to^{come to India and attend the Court as and} when required^{till the proceedingsin the aforesaid C'C' are} terminated.^{Therefore,the passport of the petitionerbearing} No.K3161242^{is required to be renewed'}

¶101

S,UnderthesecircumstancesrtherespondentNo'3is directed to^{renew the passport of the petitionerbearing} No.K3l6l242forthwith,subjecttofulfillingtherequired conditions,^{ignoringthe pendencyof C'C'No'2859 of 2021on} thefileoflearnedVAdditionalMetropolitanMagistrate, Cyberabad^{at L,B. Nagar,and transmitthe same to the} ConsulateGenera|oflndia,Atlanta,USA,tohandoverthe same to^the Petitioner.

¶102

With the above^{direction,the Writ Petition is disposed} of.

¶103

Miscellaneous^{Petitions, if any, pending in this Writ} Petition^{shall stand closed. No order as to costs'}

¶104

SD/.K.ONES ASSISTANT^REGIS R

¶105

,TRUE COPY// SECTIO OFFICER

¶106

To 1 The Secretary,^{Unionof lndia, IVinistryof ExternalAffairs'Passportand^Visa} (CPV) Division, Room No. aOS5. B^{- Wing' Jawaharlal NehruBhavan23-D} ianoath. New Delhi^{-110 011}

¶107

2 ii;t;ii;iE;;p;rt^{oiri."i,'rr,,rint.tryof Externat Affairs,8, Patiala House, Tilak} It4aro. New Delhi-^{1 10 001 .}

¶108

3 tii,l'n"ti""5iir.tport^{ori."t,Regional Passportoffice' H No 8-2-215to} if e. Xr"rrurquda,^{Secunderabad - 500 003' T 9-'}

¶109

1. 6".j Cc m 5ir.r.p.ecHnRYA,^Advocate Lqi^gcl 5. o;; aa to^{SRI.R.SRIDHAR,Advocate [oPUC]} 6. Two CD CoPies 7. One spare^coPY B. One Spare^CoPY

¶110

SA I

HIGH COURT

DATED:0910312022

ORDER

InE S l;r i(-
(
,l
-) !.
25 MAB 202
.* l

¶115

WP.No.4001^{of 2022}

¶116

DISPOSING OF^{THE W.P}

¶117

WITHOUT COSTS.

¶118

6qtq W"

Smt. Karuna Shree v. Union of India

Case brief

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Smt. Karuna Shree v. Union of India

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