Partly allowed

Gowtham Poluri v. Union of India

Telangana HC19 Sept 2024WP/25794/2024

Case brief

AI extract

What is this about?

Writ petition filed challenging rejection of passport application due to pendency of criminal case. Court directed passport authority to issue passport subject to undertaking not to leave India without court permission.

What did the court decide?

Directing Respondent No. 2 to consider application and reissue passport pending petitioner's undertaking to remain in India during trial.

Gowtham Poluri Vs Union of India — Constitutional and Fundamental Rights | Telangana HC (2024)

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

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THURSDAY, THE NINETEENTH DAY OF SEPTE[/BER 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: 25794 OF 2024

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Between:

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Gowtham Poluri, S/o Ramarao Poluri, aged 30 years, occ. business, Ri"/o H.No. 1 -66/A, Thallacheruvu, Thirumalayapalem, Khammam.

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...PETITIONER

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AND

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1 Union of lndia, rep. by Secretary, Ministry of External Affairs, PSP division, New Delhi.

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2 The Regional Passport Officer, Hyderabad D.No.8-2-215 to 219, Kummarguda, Secunderabad.

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..,RESPONDENTS

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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 any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent No.2ⁱⁿ issuing the passport after submission of application as^per the^provisions of the act vide application in file No. HYA076775865124 dl. 23-07-2024 as illegal, arbitrary and violative of articles 14, 19 and 21 of the Constitution of lndia and consequently direct the respondent No.2 to issue^passport to the^petitioner in file No. HYA076775865124.

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IA NO: 1 OF 2024

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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 respondent No.2 to issue passport to the^petitioner in file^No. HY4o76775865124.

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Counsel for the Petitioner: SRI G.RAVI^{CHANDRA SEKHAR}

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Counsel for the Respondents: M/s. N.V.R.RAJYA^{LAKSHMI, REP' FOR} SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. oF INDIA

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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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WRIT PETITION No.25794 of 2024

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ORDER:

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This Writ Petition is liled praying this Court to declare the action of respondent No.2 in not considering the petitioner's application in File No.HYA076775a65n4 dated 23.O7.2024 on the ground of pendency of a criminal case as illegal and arbitrarv.

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It is the case of petitioner that he is holding Passport bearing No.P70667 14, which is valid from 16.OB.2Ol7 to 15.08.2027. The grievance of the petitioner in this writ^petition is that petitioner's spouse and mother name is wrongly entered in the passport. Therefore, the petitioner made an application and surrendered his passport for carrying out the corrections. It is further case of the petitioner that he has submitted an application, dated 23.O7.2024 rn File No. HYAO76775865124 for reissuance of passport after carrying out necessary corrections. Respondent No.2 instead of considering^the application, has rejected the same, uide impugned letter reference No.SCN/3 19099321 I 24, dated 16.08.2024, stating that criminal cases are^pending against the petitioner.

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CVBR, J W p _257 94_2O24

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Heard Sri G.Ravi Chandrasekhar, learned counsel for the petitioner and Ms.N.V.R. Rajya Lakshmi, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing for the respondents and with their consent this Writ Petition is disposed of at the admission stage.

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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 contrar5r 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 authoity cannot refuse renewal of the passport on the ground of pendencg of ciminal case and directed the passport authoitg fo issue the passport utthout raising the objection relating to pendencg of the ciminal case."

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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 u. Central Bureau of Inuestigationl; Maneka

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CVBR,^J w^p _25794 -2024

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Gandhi u.^{(Jnion of lrudia2;Satish ChandraVermau' Unionof} India and^{otherss, this Court deemsit appropriateto dispose of} the writ^{petition directing respondentNo'2 to consider the} petitioner's application,^{in File No' HYA076775865124, dated} 23.07.2024 and^{reissue the passportto the petitionerafter} carrying out^{the necessarycorrectionsand by following the} procedure contemplated^{underSection 6 (2\ (0 of the Passports} Act, 1967 and the^{Rules made thereunder, subject to the} following conditions:-

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The petitioner^{shall submit an undertaking,along} with an a-ffidavit in^{C.C.No.2304of 2O2l on the file of} I Additional Judicial^{Magistrate of FirstClass,} Khammam stating^{that he will not leave India during} pendency of the^{said C.C. withoutpermissionof the} Court and that^{he will cooperate with the trial Court} in concluding^{the proceedings in the said C'C'}

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On filing^{of such an undertakingas well as affidavit'} 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 submitcertified copy of the} aforesaid undertaking^{beforethe Passport Officerfor}

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3 2019 SCC Online sc 2048

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CVBR, J w p _25794_2024

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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 renewal/reissuance of passport, the petitioner shall deposit the same before the trial Court in C.C.No.23O4 of 2O21. However, liberty is granted to the petitioner to file an application before the trial Court seeking permission to travel abroad and it is for the trial Court to consider the sarne in accordance with law.

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