High Court · 2024

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 a Writ, Order or Direction especially one in the nature of WRIT oF MANDAMUS declaring the action of Respondent No.3 in refusing to renewal Petitioner's passport, vide passport application No. 24-2002878806 dated 19th July 2024, by taking the advantage of criminal case (U/s 49BA of rpc, 4 of DPA) against the Petitioner, in spite of the petitioner reply and compliance with all requisite parameters, even though without processing and finalizing the same is illegal, arbitrary, unconstitutional and violate of provisions of the Passports Act 1967 and offends Articles 14, 1s, 19 and 21 of the constitution of II] lndia and in vioration of principres of Naturar Justice consequentry to direct the Respondent No.3 to renewal petitioner,s passport, basing on his passport renewal application No.24_2002878806 dated 19 July 2024. lA NO: 't O F 2025 Petition under section 15'r cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No. 3 to renewar petitioner's passport, basing on his passport renewar apprication No. 24-2002878806 dated 1g Jury ir024, pending disposal of the writ petition. Counsel for the petitioner: SRI c.SRtNlVAS, REp. FOR SRI KAMPALLI UDAY KANTH Counsel for the Respondents: SRI K.ARVIND KUMAR, CENTRAL GOVERNMENT COUNSEI- The Court made the following: ORDER HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No.2O98 of 2025 ORDER: This Writ Petition is liled seeking the following reliet_ "to issue a Wit order or Direction more particularlg one in the nature of Wit of Mandamus declaing the iction of Respondent No.3 in refustng to reneual petitioners po.ssport uide passport application No.242OO2g7ggO6 dated 19 Julg 2024 bg taking the adlantage of ciminal case (U/s 498A of IPC, 4 of DPA) against the petitioner in spite of the Petitioner replg and compliance uith oll requisite parameters euen though u,tithout processing and finalizing the same is itlegat arbitrory unconstitulional and uiolate of prouisions of the passports Act 1967 and olfends Artictes 1,4 15, 19 and 21 oj the Con_s,titution oj India and in uiolation of principles of Natural Justice consequentlg to direct tlre Respondent No-3 to reneu.tal Petitioners passport basing on his passport reneutal application No.242002878806 dated 19 Julg 2024." 2. Heard Mr.G.Srinivas, learned counsel representing Mr.Uday Kanth, learned counsel for the petitioner and Mr.K.Aravind Kumar, learned Standing Counsel for respondents.

3. Learned counsel for the petitioner submitted that respondent No.3 has issued passport to the petitioner on

08.10.2014, vide passport bearing No.M2653135 and the same is valid upto O7.1O.2O24. Even before expiry of the said passpgrt, petitioner submitted application dated 19.O7 .2024, vide application No.24-2OO2B7ggO6, .. 1 2 requesting the respondent authorities to ren,3\ r the passport. [n spite of the request made by the petitioner, respondent Nos.2 and 3 have not renewed the passport of the petitioner, on the alleged ground that he u'as involved in Crime No. 424 of 2024 of Narsingi Police Station. on the file of the learned XIII Additiona-l Metropolitan Magistrate, Cyberabad at Rajendranagar. Learned counsel further submits that the investigation is in progress. Mere pendency of the criminal case is not a ground for rejection of the application submitted by the petitioner. l-earned counsel further submits that in similar circumstan<:es, this Court disposed of the writ petition vide W.P.No.2B6l4 of 2024 on 16.10.2024 with certain conditions. With rhe very same conditions, respondent No.3 may be dire,:ted to consider the application submitted by the petitioner

4. Learned Standing Counsel for respondents submitted that respondent No.3 will consider the application submitted by the petitioner in terms of the order passed by this Court in W.P.No.286 14 of 2024, dated 16.1O.2024 a

5. In view of the said submissions made by the respective parties, this Writ Petition is disposed of directing respondent No.3 to consider the application dated Ig.O7.2024, submitted by the petitioner for renewal of the passport with the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in Crime No. 424 of 2024 of Narsingi Police Station, on the file of the learned XIII Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, stating that he shall not leave India during pendency of the said crime without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings. ii) The trial Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking' iii) The petitioner shall subrnit the certifred copy of the a-foresaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration of his application for renewal of passport' \ \ I 4 iv) The Passport Authority shall consider rhe documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the petitionr:r. The petitioner shall a_lso be at liberty to rely rrn the ciecisions in this regard. The petitioner shall deposit the original passport before the trial Court in criminal case for renewal of the passport. The petitioner shall at liberty to file ari application before the iearned Xll t Additional Metropolitan Magistrate, Cyberabad at Rajendranagar seeking permission to travr:l outside India and said Court shall consider the same rn accordance with lau,. 6 . With the above observations, the Writ peti r ion is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed_ I To, 'l . The Hon'ble Xlll Rajendranagar. //TRUE COPYII SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR ,..\, t "(ts, \i ION OFFICER Additional Metropolitan Magistrate, Oyberabad at 2 3 4 5 The lecretary, The- l/inistry of External Affairs, Union of lndia, South Block, New Delhi, Union of lndia- 1'10001. The. Chief lagspor.t O-fficer, Joint Secretary (pSp) and CpO psp Division, yrll9try ot External Affairs, Room No. 27, patiala House, Tilak Marg, New Delhi - 110001 The Regional Passport Officer, Regional passport Officer. Telanoana. Hyderabad. D. No. 8-2-215 to 219, Kummarguda, Secunderaba,j. One CC to SRI KAMPALLT UDAY KANTH, Advocate tOpUCI

6. .One CC to SRI K.ARVIND KUMAR, CENTRAL GOVERNMENT COUNSEL loPUcl

7. Two CD Copies BSR BS 4r' , CC TODAY TEo 9 j> 11 lli \.-i- \.. , i, \ \.., j I It HIGH COURT DATED: 24102t2025 \ ,: ORDER WP.No.2098 of 2O2S DISPOSING OF THE WRIT PETITION, WITHOUT COSTS /2 /t Z