Allowed

Prabhakar Vuppala, v. The Union of India

Telangana HC3 Sept 2024WP/23263/2024

Case brief

AI extract

What is this about?

Writ petition challenging denial of passport renewal due to pending criminal cases. Court directed Passport Officer to consider application and issue passport subject to petitioner filing an undertaking not to leave India without court permission and cooperating with trial proceedings.

What did the court decide?

Directed Passport Officer to consider application and reissue passport subject to undertaking and deposit of passport with trial court after issuance.

Prabhakar Vuppala, Vs The Union of… — Constitutional and Fundamental Rights | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD} (Special Original Jurisdiction)

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TUESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE^C.V. BHASKAR^REDDY

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WRIT PETITION NO: 23263 OF 2024

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Between:

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Prabhakar Vuppala, S/o. Satyam Vuppala,^{Age. 63 years, Occ. Social ActivistR/o} H No. 3-8-207, Mysamma Veedhi,^{Kotagally, NizamabadDistrict.}

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...PETITIONER

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AND

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1 The Union of lndia, Represented by its Principal^Secre-tary, .Ministry^of External Affairs, South Blocks, Secretaiiat^{RaisinaHill, New Delhi, lndia}

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2 The Regional Passport Officer, 0/0.^{The Regional PassportOffice, 73 Red} Cross Rbad, Shivaji Nagar,^{Secunderabad, Telangana}

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...RESPONDENTS

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Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the^{affidavitfiled therewith, the High Court may be} pleased to issue an appropriate writ or order^{or orders more particularly onein the} nature of writ of Mandamus declaring^{the action of RespondentNo. 2 in not} Reissuing/Renewing Passport^{by raising objection on the application submittedby} the petitioner vide application^{HY4075031670923 citing pendingcriminal casesas} being arbitrary, vindictive, illegal^{andviolativeof Articles 14 and 21 of lhe} constitution of India and against^{to the principlesof Natural Justiceand} consequently direct the Respondent^{No. 2 to reissue/renewalof passport to the} petitioner without considering the criminal^cases.

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lA NO: 1 OF 2024

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Petition under Section^{151 CPC praying that in the circumstancesstated in} the affidavit filed in support of^{the petition,the High Court may be pleasedto}

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direct Respondent^{No. 2 forthwithto Reissue/Renew my Passpor: bearingNo} K4175424 basing^{on my application dated0210212023'}

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Counsel for the Petitioner^{: SRINIMMA NARAYANA}

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Counsel for the Respondents^{: SRI GADI PRAVEEN KUMAR, DY'SOL'GEN}

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The Court made the^{following: ORDER}

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THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY

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1IIRIT PETITION No.23263 of 2o.24

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ORDER:

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This Writ Petition is frled seeking the following relief:

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" ... -to issue an oppropiate urit or ord.er or orders more particularlg one in th.e nature of utit of Mandamus declaring the action of respondent No.2 in not Reissuing/ Reneuing Passport bg raising objection on the application submitted bg the petitioner uide application No.HY4075031670923 citing pending criminal cases as being arbitrary uindictiue illegal and uiolatiue of Articles 14 and 21 of the Constihttion of India and agoinst to the pinciples of Natural Justice and con-sequentlg direct the Respondent No 2 to reissue/ reneutal of passport to the petitioner rtithout consideing the ciminal ca-ses pending against him.."

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It is the case of petitioner that he is holding Passport bearing No. K4175424, which expired on 24.07.2022. It is the further case of the petitioner ttrat he has submitted application vide No. HY4075031670923, dated 22.12.2022 for renewal of his passport. The grievance of the petitioner in this writ petition is that instead of considering the said application, respondent No.2 issued a L€tter Ref.No.HY4O75O3L67O923, dated 03.05.2023 and informed that an adverse police veriflcation report was received against the petitioner about his involvement in Crime Nos.49 of 2019, 56 of 2OI9 and 69 of 2019 under Sections 109, 141, 143 r/w 149 of IPC before Armoor Police II

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CVBR, J wp _23263_2024

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Station; Crime Nos.20 of 2019 and 25 of 2Ol9 under Sections 143 and 149 rlw 34 of IPC before Jakranpally Police Station and Crime Nos.61 of 2018 and 62 of 2018 under Sections 141, 341 and 188 of IPC before Mendora Police Station. It is further stated that all the cases are pending for trial on the file of the Judicial Magistrate of First Class, Armoor.

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Considered the submissions of the learned counsel for the petitioner and Ms. N.V.R. Rajya Lakshmi, Iearned counsel representing Sri Gadi Praveen I(umar, Iearned Deputy Solicitor General of India, appearing for the respondents.

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4 . It is the contention of the learned counsel for the petitioner that mere pendency of the criminal case against the petitioner cannot be a ground to deny issuance of passport to the petitioner and the said action of the respondents is contrary to the procedure laid down in the Passports Act, 1967. It is the further contention of the learned counsel for the petitioner that in catena of judgments, the Apex Court as well as this Court held that "passport auttarity cannot refuse reneuol of the passport on the ground of pendencg of criminal case ancl directed

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the passport authoritg to issue the passport u.tithout raising the objection relating to pendencg of the criminal case." Learned counsel for the petitioner further submits that after completion of investigation in Crime No.62 of 2018, the police frled charge sheet, which was taken cognizance as C-C,No.4O5 of 2027.

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In view of the above said submissions and having regard to the law laid down by the Apex Court in Vangala Kasturi Rangacharyulu o. Centrq.l Bureau o:f Inaestigatlonl; Maneka Gand,hi a. Union of Indiaz; Scrtisft Chandra Verrna o. Unl6n of India and otherss, this Court deems it appropriate to dispose of the writ petition directing respondent No.2 to consider the petitioner's application vide HY4075O3167O923, dated 22.12.2022, and reissue the passport to the petitioner by following the procedure contemplated under Section 6 (2) (f) of the Passports Act, 1967 and the Rules made thereunder, subject to the following conditions:-

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The petitioner sha1l submit an undertaking, along with an affrdavit in C.C.No.4O5 of 2O2l arising out of

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3 2019 SCC Online SC 2048

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Crime No.62 of 20 18 on the file of^{the Judiciai} Magistrate of First Class,^Armoor stating^{that he will} not leave India during pendency of the^{said case} without permission of the Court arrd^{that he will} cooperate with the trial Court in concluding^the proceedings in the said case.

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On filing of such an undertaking^{as well as affidavit,}

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-' the trial Court shall issue a certified copy of the same to the petitioner within a^period of two⁽⁰²⁾ weeks therefrom.

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The petitioner shall submit certified copy of^the aforesaid undertaking before the Passport Officer^for reissuance/ renewal of his passport and the Passport Officer shall consider the application submitted by the petitioner in accordance with law, within two (02) weeks from the date of submission of such undertaking.

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On renerval/reissuance of passport, the petitioner shall deposit the same before the trial Court in C.C.No.405 of 2027. However, liberty is granted to the petitioner to file an application before the trial Court seeking permission to travel abroad ald it is for the trial Court to consider the sarne 1n accordance with law.

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