High Court · 2025

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 any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.2 in not reissuing the passport facility to the Petitioner pursuant to her passport application Dt.0311012024 vide file No, HY1076991551724 inspite of furnishing all the necessary documents, as illegal, arbitrary and violative of articles 14,19 and 21 of the Constitution of lndia and consequently direct the respondent No.2 to reissue passport to the petitioner in vide file No. HY1076991551724, Dl. 0311012024. 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 ---ir the respondent No 2 to forthwith reissue passport to the petitioner pursuant to passport application Dl. O311012024 vide file No. HY1076991551724. Counsel for the Petitioner: SRI BANDAR MANAV KUMAR Counsel for the Respondents: SRI BALA KAMARSU, SC The Court made the following: ORDER 2 Metropolitan Sessions Judge, Secunderabad. Mere pendency of the criminal case is not a ground for rejection of the application submitted by the petitioner. Learned counsel further submits that in similar circumstances, this Court disposed of the writ petition vide W.P.No.10462 of 2023 on 18.04.2023 with certain conditions. With the very sarne 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 wiil consider the application submitted by the petitioner in terms of the order passed by this Court on 1a.O4.2023 in W.P.No.10462 of 2023.

5. In view of the said submissions made by the respective parties, this Writ Petition is disposed of directing respondent No.2 to consider the application No.HY1076991551724, dated O3.1O.2O24 submitted by the petitioner for issuance of the passport with the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in SC.SPL.No.18 of 2o22 on THE HONOURABLE SRI JUSTICE J.SREENryAS RAO UrRIT PETITION No.2947 OF 2025 ORDER: This rvrit petition is filed seeking the following relief: '' ... to issue a Writ Order or clirection more particr-:larl1' one in the nature of Writ of Mandamus dcclaring the action ol respondent No.2 in not reissuing the passport facility to the Petitioner pursuant to her pzrssport application Dt.O3 I lO /2024 vide file No. HY I O7699 1551724 inspite of fumishing all the nocess.rry clocuments as illegal arbitrary and violative of articles 14 19 and 2l of the Constitution of India and consequenlly direct the respondent No.2 to reissue pa ssporL lo the petitioner in vide fiIe No HY 1 07( ;99 1 55 1724, Dt.O3 / 70 / 2024.."

2. Heard Sri B.Manav Kumar, learned counsel for the petitioner arld Sri BaIa Kamarsu, learned Stalding Counsel for respondents.

3. Learnerl counsel for the petitioner submits that respondent IVo.2 is not considering the application bearing No.HY10769(t1551724, dated 03.tO.2O24 submitted by the petitioner for issuance of fresh passport on the alleged ground that he involved in Crime No.582 of 2021 on the frle of B a-r-rj arahill s l,olice Station, Hyderabad. Learned counsel further submits that the Investigating Authorities after conducting investigation iried charge sheet. The sarne was numbered as C.C.No.5B78 of 2023 on the hle of the VI Additional 3 the file of the VI Additional Metropolitan Sessions Judge, Secunderabad, stating that he shall not leave India during pendency of tJle said C.C. without permission of the Court and that he 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 certihed copy of the same within two (02) weeks therefrom; I iii) The petitioner herein shal1 submit certified copy of this order as well as the aforesaid undertaking before the Passport Offrcer/ Authority concerned for issuance of passport; iv) The Passport Ofhcer/Authority shall consider the said application in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for issuance of passport in accordance with law, within two (O3) weeks from the date of said application; v) On issuance of the Passport, the petitioner herein shaIl deposit the original Passport before the trial Court in SC.SPL.No.18 of 2o22 oa the file of the VI Additional Mettopolitan Sessions Judge, Secunderabad, and \ \ 4 vi) I lowever, liberty is granted to the petitioner herejn to file arr application before the learned Mzrgr strate seeking permission to travel abroad, and it is lor the learned Magistrate to consider the same in acr:ordalce with law.

6. With the above observations, the Writ Petition is disposed of. No cosl s. Miscel Laneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs. SD/- P. Ch. NAGABHUSHAMBA ASSISTANT REGISTRAR NOTE: That the words read in paragraph Nos.S (i) and (v) as 'C.C.No.5878 ot 2023 on the file of the Vl Additional Metropolitan Sessions, Secunderabad'in the order dated 03.02.2025 in WP.No.2947 ol 2025 are deleted and substituted as "SC.SPL.No.18 of 2O22 on the file of the Vl Additional Metropolitan Sessions, Secunderabad" as per the orders of the Hon'ble court dated 11.04.2025 in lA.No.2 of 2025. This amended order shall substitute the earlier order which has been dispatched on dt: 03to2t2025. SD/- P. Ch. NAGABHUSHAMBA //TRUE COPY// '1 . The Secretary, Union of lndia Ministry of Extern 2 Delhi Jp[eq1on3] P^assport Officer, Hyderabad, D.No 8_2_215 to 219, Kummarguda, Secunderabad. Qne CC to Sri Bandar Manav Kumar, Advocate tOpUCl One CC to Sri Bela Kamarsu, SCIOPUCI Two CD Copies To, 4 5 TJ PSK ry. HIGH COURT CC TODAY DATED:0310212025 11t04t2025 AMENDED ORDER WP.No.2947 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS A sEH1oe 19APn ffi \).. - __..i ,. T. .) -\ -\t' n