Venkata Padmaja Polisetti vs Union Of India

Heard Sri C. Naresh Reddy, learned counsel appearing for the petitioner and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for the respondents. Perused the record.

Petitioner is holder of Passport bearing No.K2291306. It is going to expire on 22-04-2023. She had submitted an application seeking renewal of her Passport vide letter dated 03-11-2022. Respondent No.2 informed the petitioner about her involvement in C.C.No.310 of 2021 pending on the file of I Addl. Junior Civil Judge – cum – I Addl. Judicial Magistrate of First Class, Tadepalligudem, for the offences under Section 498-A r/w.34 of IPC and Sections 3 and 4 of Dowry Prohibition Act and suppression of fact. He sought clarifications from the petitioner. But, according to the petitioner, respondent No.2 rejected her application seeking renewal of Passport.

The above stated facts would reveal that the petitioner is an accused in the aforesaid C.C. and it is pending.

Just because the petitioner is arraigned as an accused in the aforesaid C.C., respondent No.2 cannot reject the application submitted by the petitioner seeking renewal of Passport. However, petitioner contends that she was falsely implicated in the aforesaid case. Further, she is also ready to co-operate with the trial in the said C.C. Therefore, she sought to issue necessary directions to the respondents for consideration of her application to renew her passport.

As per Section 10(3) of Passport Act, 1967, if petitioner is convicted, respondent No.2 can impound the Passport of the petitioner by following the procedure. But, respondent No.2 cannot deny renewal of Passport, on the ground that the petitioner is an accused in the aforesaid C.C., which is pending.

It is also relevant to note that the Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation 2020 Crl.L.J. (SC) 572 had an occasion to examine the provisions of the Passports Act, pendency of criminal cases and held that refusal of a passport can be only in case where an applicant is convicted during the period of five (05) years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. Section 6.2 (f) relates to a situation where the applicant is facing trial in a criminal Court. The petitioner therein was convicted in a case for the offences under Sections - 420, 468, 471 and 477A read with 120B of the IPC and also Section - 13 (2) read with Section 13 (1) of the Prevention of Corruption Act, 1988. Against which, an appeal was filed and the same was dismissed. The sentence was reduced to a period of one (1) year. The petitioner therein had approached the Apex Court by way of filing an appeal and the same is pending. Therefore, considering the said facts, the Apex Court held that Passport Authority cannot refuse renewal of the passport on the ground of pendency of the criminal appeal.

Thus, the Apex Court directed the Passport Authority to renew the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal appeal in S.C.

The petitioner herein is on better footing. She is not convicted in the aforesaid C.C. The aforesaid C.C. is pending before the aforesaid Court. Therefore, the impugned proceedings dated 03-11-2022 are contrary to the provisions of Passports Act and also the principle laid down by the Hon’ble Apex Court in Vangala Kasturi Rangacharyulu1. In view of the same, respondent No.2 cannot deny or refuse to renew the passport of the petitioner.

In view of the aforesaid discussion, this writ petition is allowed. Impugned proceedings dated 03-11-2022 are set aside. Respondent No.2 is directed to consider the application submitted by the petitioner seeking renewal of her passport on the following conditions:-

i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.310 of 2021 pending on the file of I Addl. Junior Civil Judge – cum – I Addl. Judicial Magistrate of First Class, Tadepalligudem, stating that she shall not leave India during pendency of the said C.C. without permission of the Court and that she shall co-operate with trial Court in concluding the proceedings in the said C.C.

ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (02) weeks therefrom;

iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer/ Authority concerned for renewal of her passport;

iv) On filing such an application, the Passport Officer/Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for re-issue of her passport in accordance with law, within two (02) weeks from the date of said application;

v) On renewal of the Passport, the petitioner herein shall deposit the original renewed passport before the trial Court in C.C.No.310 of 2021 pending on the file of I Addl. Junior Civil Judge – cum – I Addl. Judicial Magistrate of First Class, Tadepalligudem; and

vi) However, liberty is granted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.

However, in the circumstances of the case, there shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.