High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in rejecting the application of the petitioner for renewal of his Passport bearing No.Y8598338 vide Letter bearing Ref No. OBJ/320386799124, dated 3111212024' File No. HY75C505 0931123, for the reason that a criminal case in Crime No. 16212017, on the file of P.S. Basanthnagar. is pending, as illegal, arbitrary. unconstitutional and against the principtes of natural justice, ant consequently direct the 2nd respondent to renew the passport of the petitioner bearing No. Y8598338 for a further period of 10 years lA NO: 1 OF 2025 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 direct the 2nd respondent to consider the application of the petitioner for renewal of his Passport bearing No. Y8598338 for a further period of 10 years, pending disposal of writ petition Counsel for the Petitioner: SRl. THIMMARAJU RAMCHANDRA RAO Counsel for the Respondents: SRI GADI PRAVEEN KUMAR DY. SOLICITOR GENERAL OF INDIA The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.2909 oF 2025 ORDER: ',... This writ petition is filed seeking the following relief: to issue a Writ Order or direction more 'particularly one in the nature of Writ of Mandamus declaring the action of the 2nd .."p;;;.;; in"rqecting the application of the petitioner io. ...o*.t of ni" I"::fo.^r_ bearing No.y85e8s38, "id. i;;;";' bearing Ref.No.oBJ/32os86zea/24, dared it tti"iiozq, File No.HY75C5O5 Oq3 I 123 lor the reason thar a criminal case in Crime No 162 /2012 on ifr" frf " of P.S.Basanthnagar is perrding as lffegai,^- arbitrary, un:onstitutional and against ifre p.in"ip"te" oi natural Jusrlce and consequcntly direct the 2nd respondent to _...^11y^^t!"- passport "i. tt-,. p.titto,,,..''[Il.tr,g No Y8598338 for a further period of iO ,r"..".J

2. Heard Sri T.Ramachander Rao, learned counsel for the petitioner and Sri G.praveen Kumar, learned Deputy Solicitor General of India, appearing for respondents. J With the consent of learned counsel for the parties, the writ petition 1S being disposed of at the stage of admission.

4. Learned counsel for the petitioner submits that respondent No.2 is not considering the application bearing No.HY7O77226SOOZ24, dated 06.12.2O24 submitted by the Z petitioner fc,r issuance of passport on the alleged ground that he wars involved in Crime Nos'162 of 2OL7 of Basanthnagar Police Station and' L42 of 2018 of Ramgiri Police Station. Learned counsel further submits that the Investigating Authorities after conducting investigation frled charge sheet in Crime No'142 of 2O18 and the same was numbered as C.C.No.571 of 2OL9, on the file of the Judicial Magistrate of First Class (special Mobile) at Karimnagar and the same was ended in acquittal' In respect of Crime No.162 of 2017, investigation is in progress' Mere pendency oll the criminal cases is not a ground for rejection of the appJtication submitted by the petitioner' Learned counsel further submits that in similar circumstances' this Court disposed of the writ petition vide W'P'No '2a614 of 2Ct24 on L6.LO.2O24 with certain conditions' With the very same conditions, respondent No'2 may be directed to consider the application submitted by the petitioner'

5. Learrre,d counsel for respondent No 2 sttbmits that respondent No.2 will consider the application subrnitted by the petitioner. i.e terms of the order passed by this Court on 3

16.10.2024 in W.p.No.28 6t4 of 2024

6. In view of the said submissions made by the respective parties, tlris Writ pel ition is disposed of directihg respondent No.2 to consider the application bearing No.UyZdZzZ26SOOZ24, : dated 06.12.2024 submitted by the petitioner lbr issuance of the passport with the following conditions: if The petitioner herein shall submit an undertaking along with an affidavit before the Judicial First Class Magistrate at peddapalli in Crime No.162 of 2OlZ of Basanthnagar police Station 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 submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned passport Oflicer for consideration of his application for renewal of passport. t t \ 4 iv) ThLe Passport Authority- shall consider the docunrents in the light of the observations made by the Courts as well as the undertaking and other documents frled by the petitioner" The petitioner shall also be at liberty to rely on the decisions in this regard. The pe'titioner shall deposit the original passport before the trial Court in criminal cases for renewal of the passport. The petitioner shall at liberty to file an before the Judicial First Class applic:ation at Peddapalli seeking permission to Magistrate travelL outside India and said Court shall consider the same in accordance with law' 7 With the above observations, the Writ Petition is disposed of. No costr; Misct:llaneous petitions, if any, pending in this writ etition shall stand closed. There shall be order as to costs' p SD/.A.V.S.PRASAD ASSISTANT REGISTRAR \ tt\e: That the 4th para and condition Nos'(i) and (iv) in 6th the order clated 03.02'2025 in WP'No'290g of 2025 "r- " are modified as per the orders of Hon'ble Court dated 20.O2.2025 in l.A. NO.2/2025 This amended order shall substitute the earlier order which has already been dispatched on dated 04.02.2025 //TRUE COPY// SD/-A.V.S.PRASAD ASSISTANT REGISTRAR ECTION OFFICER To, '1. The Secretary, IVinistry of External Affairs. New Delhi. 2. The Regional Passport Officer,. Regional passport Ottice, D.No. 8_2_215 to 219, Kummarguda, secunderabd. " One CC to SRl. THilMMARAJU RAMCHANDRA RAO Advocate tOpUCl One CC to Sri Gadi Praveen Kumar, Deputy Solicitor General of lndia [OpUC] Two CD Copies .) 4 5 KKS BS w r CC TODAY / I I I 1rE 9TAr4' 1 q o r) 0 i t",i\'* .zi75 * o. (: i HIGH COURT DATED:03I 0212025 2010212025 AMENDED ORDER WP.No.2909 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS