Disposed

Puduri Rajesh @ Rajesham v. Union of India

Telangana HC20 Dec 2024WP/35147/2024

Case brief

AI extract

What is this about?

This writ petition challenged a letter refusing passport renewal due to a pending criminal case. Relying on V. Kasturi Rangacharyulu, the Court directed the Passport Authority to issue the passport upon the petitioner submitting an undertaking to the Trial Court.

What did the court decide?

Writ Petition disposed directing the Passport Officer to renew the passport upon submission of a certified undertaking to the Trial Court.

Puduri Rajesh @ Rajesham Vs Union of… — Constitutional and Fundamental Rights | Telangana HC (2024)

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[³⁴⁰⁵ ]

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

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FRIDAY, THE TWENTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA

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WRIT PETITION NO: 35147 0F 2024

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Between:

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Pvt Puduri Ra.jesh @ Rajesham, S/o.Narsaiah, Aged about 45 years, Occ; Employee R/o.H.No.7-2512, Beerpur Sarangapur l!4andal, Karimnagar District, T S.

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PETITIONER

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AND

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Union of lndia, Rep. by its Secretary The l,4inistry of External Affairs South Block, New Delhi.

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The Chief Passport Offlcer, Joint Secretary (PSP) and CPO PSP Division, I,4inistry of External Affairs Room No.27, Patiala House Tilak [Vlargh, New Delhi -1 10 001 .

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The Regional Passport Office, Rep. by its Regional Passport Officer Telangana, Hyderabad, Oio.D.No B-2-215 to 219 Kummarguda, Secunderabad -500 003

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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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of lvlandamus, declaring the lmpugned Letter issued by the 3rd respondent vide letter Ref.No.OBJ/32021842712024, dt.09.12.2024 whereby informing the petitioner that his Passport Application in File No. HY4077'138762724 dt.21 .11 .2024 cannot be processed in view of pendency of criminal case as illegal, arbitrary, unco n stitutio nal and violation of Article^-14, 15 and 21 of Constitution of lndia and consequently by Setting aside the lmpugned Letter vide Ref.No.OBJ/32021842712024, d1.09.12.2A24 issued by the 3rd respondent, direct the Respondent Nos.2 and 3 to forthwith consider the

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''.----_---.....

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renewal Application of the^{petitionersPassport Application inFile} No.HY4077138762724^{dt.21 .11.2024without referenceto thepending} c.c.No..1B08 of 2021 on the^{file of Principal Juniorcivil Judgeat Jagtial, for the} offences U/Sec.290, 323,324,506^{r/w 49 of lPC.}

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l.A.NO:1 OF 2024

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Petition Under section 151^{CPC prayingthat in the circumstancesstated} in the affidavit filed in support of^{the petition,the Highcourt may be pleasedto} direct the Respondent^{Nos.2 and 3 to forthwith consider the Applicationof the} petitioner for renewal of^passport in File No.HY4O771387627124^{dt.21 .11.2024} without reference to the^{pendencyof the criminal proceedings in c.c.No.1808 of} 2a21 on the fiie of Principal Junior^{civil judge at Jagtiai,for the offences} U/Sec.290, 323, 324,506^{riw 49 of lPC., as mentionedin the 3rd respondents} lmpugned Letter vide Ref.No.OBJ/32021842712024'^{d1.o9.12.2024, pending} disposal of the main^{writ petition.}

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I.A.NO:2 OF 2024

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Petition Under section I51^{CPC prayingthat in the circumstancesstated} in the affidavit filed in support^{of the petition,the High Court may be pleasedto} receive the copy of the Passport of^{Puduri Laxman} @^{Laxmaiahas Additional} material paper in the W.P.No.35147^{ol 2024,in the interestof justice.}

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Counsel for the Petitioner : SRI^{MEGHANAADDLASUNEEL}

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Counsel for the Respondents : SRI^{K.V.V.VEDANTHA CHARYA (CENTRAL} GOVT COUNSEL)

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The Court made the following ORDER

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THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA

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WRIT PETITION NO.35147 OF 2024

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Ms. Meghalra Addla Suneel, learned counsel for the^petitioner. Mr. K V V Vedantha Charya, the learned Standing Counsel for Central Government^for the respondents.

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ORDER;

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The present writ petition has been filed for a direction on the respondent Nos.2 and 3/The Chief Passport Officer and The Regional Passport^Officcr. lo renew the passport of the petitioner.

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The respondent authorities arc rcpresented.

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After hearing iearned counsel appearing for the^petitioner as wcll as^tltc respondents, it appears that the issue was considered by 2 Co-ordinate Benches in W.P.Nos.U697 of 2O23 and 22218 of 20'24. Both the lcarned Single Judges referred to the IIon'bIe Supreme Court Judgment in^{Vangala Kastui} Rangacharyulu u. Central Bureau of Inuestigationr and came^{to the lrndingthat} mere pendency of criminal case cannot bc a^grou nd to^{de cline thc renewal of} passport provided that the petitioner is ready for renewal of^passport. In this case the petitioner is also ready to cooperate with the^{Trial Court in concluding} the trial. The^petitioner before the Court is^{also willing to coopcratcu'ith the} pending proceedings. This Court also finds factual similarities between^Vangal.a Kasturi RangocharyuLu (supral and the^present case^{where the Hon'ble}

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'zozo^{crt.r.l.(sc)stz}

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Supreme court held that the passport Authority cannot refuse the renewal of passport on the ground of pendency of criminal proceedings ancl accordingly directed the passport Authority to renew the passport of the petitioner without raising objection relating to pendency of criminal proceedings.

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Accordingly, this Court is of the view that the writ petition can be disposed .f by directing the petitioner to submit a reply to the letter dated 09'12 2024' 'l'he respondent No.3 will consider the repry submitted by the petitioner and take steps for renewal of the passport in due compliance of the findings of the Honble Supreme Court in Vangala Kasturi Rangacharyulu (supra)' 'l'he petitioner shall however be subject to the forowing conditions:

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(i) T'he petitioner sharl submit an undertaking a10ng with an affidavit before the learned principal Junior Civil Judge at Jagtial in C.C.No. 1g0g ot 2021 stating that the petitioner will not leave Inclia during pendency of thc C.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

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(ii) The Trial Court shall issue a certified copy of the undertaking and afhdavit within 2 weeks from the date of filing of the undertaking.

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(iii) The petitioner shalr submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for renewal of passport.

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(iv) The Passport Authority shall considcr thc documenls^{in thc light of} the observations made by the^{Courts as well as the undertaking and} other documents hled by^{the petitioner.The petitioner shall alsobe at} liberty to rely on the decisions^{in this regard.1'he petitioner shall deposit} the original passport before^{thc Trial Courl in criminal casc for rencwal} of the passport. The^{petitionershall at liberty to file an application} before the learned Principal^{Junior Civil Judge atJagtialseeking} permission to travel outside India.^{The Principal .Junior Civil .Judgc at} Jagtial sha-lt considcr^{lhe same in accordance with law'}

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W.P.No.35147 ol 2024 is disposed^{of in terms of the above'}

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Miscellaneous applications^{pending, ifany, shallstandclost--d} There sha.ll be no order as^{to costs.}

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SD/. T. TIRUMALA EVI ASSISTANT REGIS RAR

//TRUE COPY//

SECTION OFFICER

To 1. The Secretary, Union of lndia, The Ministry of External Affairs South Block, New Delhi.

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The Chief Passport Officer, Joint Secretary (PSP) and CPO pSp Division, Ivlinistry of External Affairs Room No.27, Patiala House Tilak Margh, New Delhi -1^'10 00'l .

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