Smt Jhansi_Gudepu v. pnion of lndia

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 and order, writ or direction. more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in refusing the Petitioner's Pass Port Application vide File No. HY2066312505724 Dated. 131112025, as illegal, arbitrary, unjust unreasonable and in violation of Articles 19 (1) (d) and 21 of the Constitution of lndia and consequently direct the Respondents to issue passport to the Petitioner for a period of ten (10) years ignoring the Criminal Case i.e. Cr.No.43 of 2024 on the file of Honble Junior Civil Judge-cum-XVll Addl Judicial Magistrate of First Class, Ranga Reddy District at ,/ Maheshwaram (Old XVll Addl M.M Maheshwaram, R. R. District) in the interest of justice. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in s;upport of the petition, the High Court may be pleased to direct the Respondents to issue the Pass Port to the Petitioner for a period of ten ('10) years ignoring the pendency of Crime No. 43 of 2024 on the file of Hon'ble Junior civil Judge cunr XVll Addl. Judicial lVlagistrate of First Class, Ranga Reddy District at Maheshwaram (Old XVll Addl. MM, Maheshwaram, R.R. district), pending disposal of the main writ petition. Counsel for the Petitioner : SRI K.SHYAM SUNDER RAO Counsel for the Respondents : SMT N.V.R.RAJYA LAKSHMI, ADVOCATE FOR SRI GADI PRAVEEN KUMAR, OEPUW SOLICITOR GENERAL OF INDIA The Court made the following ORDER THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO WRIT PETITION No.2S6O OF 2O2S ORDER: This writ petition is fited seeking the following reliet "... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2"d respondent in regusing the petitioner's Pass port Application F,ile No.HY2O66312505724, dated 13.Ot.2025 as iilegal, arbitrary, unjust, unreasonable and in violation of Articles la, 19(1)(9) and 4 t of the Consriturion of India and consequently direct the respondents to issue passport to the petitioner for a period of ten (10) years ignoring the criminal case.,, "ia.

2. Heard Sri K. Shyam Sunder Rao, learned counsel for the petitioner and Smt N.V.R.Rajya Lakshmi, learned counsel representing Sri G.Praveen Kumar, learned Deputy Solicitor General of India, appearing for respondents.

3. Learned counsel for the petitioner submits that respondent No.2 is not considering the appiication bearing No.HY2066372505224, d.ated, t3.OI.2O2S submitted by the petitioner for issuance of passport on the alleged ground that he was involved in Crime No.43 of 2024 of Maheshwaram police Station on the file of Junior Civil Judge-cum_XVII Additional judicial Magistrate of First Class, Ranga Reddy District at Maheshwaram {Old XVII Addl. M.M Maheshrvaram, R.R 2 District). Lezuned counsel further submits that the ir..vestigation is in progress. Mere pendency of the criminal case is not a ground for :ejection of the application submitttd by the petitioner. l,earned counsel further submits that in similar circumstances, this Court disposed of the r,r'rit petition vide W.P.No.286 l4 of 2024 on 16.10.2024 with certain :onditions. With the very same conditions, respondent No.2 may be directed to consider the application submitted by the petitioner.

4. Learned counsel for respondent No.2 submits that respondent No.2 u,ill consider the application submirted by the petitioner in terms of the order passed by this Court on

16.1O.2024 in W.P.No.286l4 of 2024.

5. In vielr,. of the said submissions made by the respective parties, this Writ Petition is disposed of directing r.espondent No.2 to consider the application bearing No.HY2O663 \2SO5T24, dated 13.01.2O25 submitted by the petitioner for issuance of the passport with the following conditions: i) The petitioner herein shall submit an undertarking along with an affidavit in Crime No.43 of 2Oi::4 of Maheshwaram Police Station on the Junior Civil Judge-cum-XVII Additional judicial Magistrate of First Class, Ranga Reddy District at Maheshwararn (Old XVII Addl. M.M Maheshwaram, R.R District), stating that he sha-ll 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 submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for renewa-l of passport. iv) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall deposit the original passport before the trial Court in criminal case for renewal of the passport. The petitioner sha-ll at liberty to file an application before the learned - tt41 d... I t I \ X 4 Junic,r Civil Judge-cum_XVII Additional iudicial Magistra te of First Class, Rarga Redd), District at Maheshu.aram (Old XVII Addl. M.M Maheshrvaram, R. R [)istrict) seeking permission to travel outside India and said Court shall consider the surme r.n accorclarce with law. 6 With the above observations, the Writ petition is disposed of. No costs Miscella neous petitions, if any, pending in this petition shall stancl closed. There shall be order as to costs. SD/-A.V.S. PRASAD / ASSISTANT REGISTRAR / //TRUE COPYII SECTION OFFICER , Il"-!:.*,:ry-, rJn19n of tndia, Ministry of Externat Affairs, C.T.V Division, TV - 't Section, patiaia House Ann"r, Cor6rnr-""i"ii.iir, New Dethi _ .t 10 0o.t 2. The Regionat passport oricer, pass'i;'oi;;, H"r. No.8_2_?.15 to 219, rheatre, K.^,;;;;;' ieiunoe,,oao - 5ob6;;,' "' +udffi:ly.i:?:hanth

3. One CC to SRt K.SHYAM SUNDER RAO, Advocate tOpUCI 4. one cc to SRt cADt ,RAVEETv kunren, iiEi,jiiv soLrctToR GENERAL _ OF INDIA Advocate tOpUCl 5. Two CD Copies t l To SA BS C.C. TODAY ,it i A 7',:- <T, ItiiB 20fi i). ir ',' \ *-. /,i /-:t; \.,: \ HIGH COURT DATED:3010112025 ORDER WP.No.2560 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. -tlt- [+ r lz)>\ 1cofu>