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3. It is the specific case of the petitioner that in response to the application filed by the petitioner dated 07.02.2023 for renewal of petitioner's passport bearing No.K5507079, the petitioner received the impugned proceedings dated 01.02.2024 referring to Crime No.54/2021 under Sections 147, 448, 427, 506 r/w 149 IPC of Subedari PS and C.C. No. 1089/2021 on the file of III Addl. JFCM, Warangal and the petitioner was called upon by the said proceedings dated 01.02.2024 of the 2nd respondent to submit acquittal order from the case, and further the petitioner had been informed by the Regional Passport Office, Hyderabad that the competent authority has decided to refuse passport service to the petitioner under Section 5 (2)(c) of the Passports Act, 1967, aggrieved by the same, petitioner filed the present writ petition.

SN, J WP_6405_2024

4. A bare perusal of the order impugned dated 01.02.2024 clearly indicates in particular at para 2 that on the ground of pendency of criminal case registered against the petitioner, the competent authority had decided to refuse passport services to the petitioner.

PERUSED THE RECORD.

5. This Court opines that pendency of criminal case against the petitioner cannot be a ground to deny issuance of Passport facilities to the petitioner and the right to personal liberty of the petitioner would include not only the right of the petitioner to travel abroad but also the right of the petitioner to possess or hold a Passport.

11. It is relevant to note that the Apex Court in Vangala Kasturi Rangacharyulu case reported in 2020 Crl.L.J. (SC) 572 had an occasion to examine the provisions of the Passports Act, 1967, pendency of criminal cases and held that refusal of a passport can SN, J WP_6405_2024 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 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 (01) 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 issue the passport of the applicant without raising the objection relating to the pendency of the aforesaid criminal appeal in S.C. SN, J WP_6405_2024

12. Taking into consideration the facts and circumstances of the case, the 2nd respondent is directed to re-consider the decision dated 01.02.2024 to refuse passport service to the petitioner taking into consideration the law laid down by the Apex Court and other High Courts in the various judgments referred to and extracted above and pass appropriate orders on petitioner application 07.02.2023 seeking renewal of passport bearing No. K5507079 without reference to the criminal case pending against the petitioner within three weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioner subject to the following conditions: