Disposed

Banuru Venkataramana v. The Union of India

Telangana HC19 Dec 2024WP/35550/2024

Case brief

AI extract

What is this about?

Writ petition seeking return of the petitioner's passport withheld due to a pending cheating case. Following two coordinate bench rulings and a Supreme Court decision holding that mere pendency of criminal proceedings cannot justify refusal to return/renew a passport, the court directed release of the passport subject to an undertaking not to leave India without permission.

What did the court decide?

Direction to respondent No.2 to consider reply and release the passport within 2 weeks, subject to undertaking before the Wanaparthy trial court; no costs.

Banuru Venkataramana Vs The Union of India — Quashing and FIR | Telangana HC (2024)

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[340s ]

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

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THURSDAY, THE NINETEENTH DAY OF DECEMBER 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: 35550 OF 2024

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Between:

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Banuru Venkataramana, S/o. Banuru Nagendar, aged^about 39^{years, Occ.} Business, R/o. H.No.42-259, Near Gunj, Ward No.^{23, WanaparthyTown and} District.

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.....PETITIONER

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AND

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The Union of lndia, Rep. by its Ministry of Foreign Affairs,^{Govt. of lndia, New} Delhi.

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The Regional Passport Officer, Hyderabad, office at^{D. No. 8-2-215 to 219,} Near Prashant Theater, Kumariguda, Secuderabad.

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.....RESPONDENTS

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Petition Under Article 226 ot lhe Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith, the High Court maybe} pleased to issue an order or direction more^particularly one in the nature of^{Writ of} Mandamus declaring the action of the 2nd^{respondentin withholding the return of} the passport of the^petitioner vide^{passport booklet No. Y7410680only on the} ground of involvement of the petitioner in the criminal case in C.C. No. 26312023 as filed by the^police Wanaparthy in crime^{No. 56/2023 for the offenceU/Sec.420} IPC R/w. Sec. 7 of Essential Commodities^{Act, 1955 on the file of Judicial} Magistrate of First Class, Wanaparthy, as^{illegal,unlaMul, contraryto law and} consequently direct the 2nd respondent to^{return the abovepassportof the} petitioner forthwith so as to enable him to^go to Dubai^{along with} his^family.

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|.A.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 issue interim order directing the 2nd respondent to return the passport of the petitioner as issued by the 2nd respondent vie passport with booklet No. Y7410680 to the petitioner so as to enable him to go to Dubai along with his family based upon the said passport, pending disposal of main writ petition.

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Gounsel for the Petitioner : SRI M.DAMODAR REDDY

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Counsel forthe Respondents : SRI cADl PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA

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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.3555O OP 2024

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Mr. M Darnodar Reddy, Iearned counsel for the^petitioner-

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Ms. N.V.R.Rajya Lakshmi, learned counsel represcnting^{Mr. GadiPraveenKumar'the leamcdl)epuly} Solicitor Geoera-I of India appearing for the^respondents.

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ORDER:

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l,earned counsel appearing for the^{petitioneris not ready with} the relevant decisions.

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Learned counsel appcaring^lor thc^{rcspondcnts has fortunatclll} handed up a copy of the relevant decision.

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The present writ petition has^{been filed for a direction on the} respondent No.2/The Regional^{I)assportOfficcr forre turn of thc} petitioner's passport.

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The respondent authorities are^represented.

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After hearing lcarncd counscl^{appcaringfor thc petitiorlcras} well as the respondents, it appears^{that the issue was considered by} 2 Co-ordinate Benches in W.P.Nos.8697^{of 2023 and 22218 of 2024.} Both the learned Single Judges^{referred to the l{on'bleSu prcmc} Court JudgmenL in Vangala^{Kasturi Rongacharyulu u' CentraLBureau} of Inuestigationr ald came to the^{lindingthat mere pendencyof} criminal case cannot be a^{ground to declinethe renewai/ reissueof} ./

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'^{zFzoert.L.r.(sc) suz}

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passport provided that the petitioner is ready for renewal/reissue of passport. In this case the petitioner is also ready to cooperate with the Trial Court in concluding the triai. The petitioner before the Court is also willing to cooperate with the pending proceedings. In Vangala Kastui Rangacharyulu (supra), the Hon,ble Supreme Court held that the passport Authority cannot refuse the rerease of passport on the ground of pendency of criminal proceedings and 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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This court is accordingly of the view that the writ petition can be disposed of by directing the respondent No.2 to consider the reply submitted by the petitioner and take steps for return ol the passport in accordance with the following directions:

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(i) The respondent No.2 shall release the petitioner,s passport within 2 weeks from 20.12.2024. The respondent No.2 shall inform the petitioner of the time and place ,or the return of Passport.

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(ii) The petitioner shall submit an undertaking along with an affidavit before the learned I Additional Judicial First Class Magistrate at Wanaparthy in C.C.No.268 ot 2023 stating that

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the petitioner wiil^{not leavelndia during pendencyof the C'C} without^permission ol^{the Court and the pctitioner will} cooperate with the^{Trial Court in. concluding the criminal} proceedings.

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(iii) The Trial Court shall issue a^{certifiedcopy ofthc} undertaking and aflidavit^{wil:hin 2 weeksfrom the dateof filing} of the undertaking.

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(iv) The petitioner shall submit^{the certified copy of thc} aforesaid undertaking^{alongwith the reply/explanationbeforc} the concerned^{PassportOfiicer for consideration ofhis} application for return^{of passport.}

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(v) The respondent^{No.2shall be at libcrty of laking stcps on} breach of the undertaking.

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(vi) The Passport Authority^{shall considerthe documents in thc} light of the observations^{madeby the Courtsas wcll as thc} undertaking and other^{documentsfiled by the petitioner'Thc} petitioner shall also^{be at liberty to rely on the decisions in this} regard. The^{petitioner shall be at liberty to file an application} beforethelearnedlAdditional.]udicir.rlF.irstClassMag'iStral(] at Wanaparthy^{seeking permission to travel outside India' The}

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learned I Additional Judicial First Class Magistrate at Wanaparthy shall consider the same in accordance with iaw

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W.lr.No.3555O of 2024 is disposed of in tcrms ol- the above. Interim orders, if any, sha stand vacated and ail connected applications are disposed of. There shall be no order as to costs.

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SD/.P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR

//TRUE COPY' ,./

SECTION OFFICER