S/o. Yadi Reddy, Aged about 33 Years v. The Union of lndia

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the aftidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Regional Passport Officer (Respondent No.3) in seizing the Petitioner's Passport No. N1091445 without renewal of the passport vide Application No. US7075316061324 as illegal, invalid and arbitrary against the Article 14 and 21 of Constitution of lndia and I 7 principles of na uraljustice and consequently direct the Respondent No.3 to renew the passport of the Petitioner immediately and release th€r same tn favour of the Petitioner. lA NO: 1 OF 2025 Petrtion L nder Section 151 CPC praying that in the r;ircumstances stated in the affidavit filerl in support of the petition, the High Court may be pleased to direct the Respondert No 3 to renew the petitioner's passport no. N109'1445 vide Applicatlon No. US7075316061324, thereby release the same in favour of the Petitioner. Counsel for the Petitioner: M/S. S. VIJAYA PRASHANTH Counsel for the Respondent Nos.1 and 2: MRS N.V.R RAJYALAKSHMI REPRESENTIN3 FOR SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF I!DIA Counsel for the Respondent Nos.2,4 and 5: AGP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI .'USTICE N.V. SHRAVAN KUMAR W.P. No.3786 of 2o25 ORDER This writ petition is hled seeking a writ of mandamus declaring the action of the respondent No.3, Commissioner-cum-Regional Passport Officer, in seizing the petitioner's Passport No.N109 1445 without renewal of the passport vide Application No. U570753 1 6061324 as illegal and arbitrary

2. [t is submitted that the petitioner is represented by his mother by Special Power of Attorney.

3. Learned counsel for the petitioner would submit that based on a complaint todged by the wife of the petitioner's eldest brother namely Bandi Sravani Reddy, the Women Police Station Saroornagar, Ranga Rcddy District, registered a case vide Crime No.275 of 2018 for the offerrce under Sections 498-A, 323, 406, 506 IPd and under Scctions 3 and 4 of DP Act against the petitioner's eldest brother as Accused No.1 along with all other family members and the petitioner was shorvn as Accused No.4 and took up the investigation and the charge sheet was filed vide C.C. No.2942 of 2Ol9 on the file of the V Additional Metropolitan Magistrate-cum-Junior Civil Judge, Ranga Rcddy District at L.B. Nagar, for the said offence. Initially, the marriage was registered between the petitioner's eldest brother and his wife on l2.Oa.2ol6, aftent'ards, with the consent of both family nrcmbers, performed their marriage on 14.03.2O 18 as per 2 w_P. No.3786 0f 202s Hindu F ites and Customs and afLer ten clavs oI their marrlage, both hur;band and wife, went to USA on 25.03.201g Thercaflcr, petiLio.e -'s brother's wife filed a case for divorcc against her husband vidc Cas,: No.DR l9O0 I 19 at Court of Common pteas. Sion Domestic RelaLion in USA and thc sarne !\ras grantcd on 09.07.2019. That shc herself slro*'s that she is not u,illing to live with thc pcritioner,s cldest brother and filcd a false complaint against not onll.pctitioner,s eldest brother t,ut also against his tamily members. Ii{oreover, the wifc of thc petiti:ne r's brothcr after taking divorce in the Court of Common Pleas on t)7 .Ol).2019, contracted second marriage rvith another person namely Ayinash Prakash and blessed with a son. But the respondent No.2 is n.t rvithdraiving the case against the petit ioner's eldesl brother and their family mcmbcrs subjccting the petition.rr's erdest brothcr to harassment.

4. It is lurthcr submitted that the petitioncr tand his mother, have alre,rd_r, filecl quash petition vide Crimi'al petition No.4662 of 20 19 befc re this courr and this court was preased to dispense with their appearancc in the above said criminal case.

5. Whilc so. the perirroner \r/ent to USA on 08.08.2023 for the purpose cf study. While staying in USA, there was a due datc on 19.O7 .2025 lbr renewal oi petitioner,s passport ald vr.ent to Chicagcr Embassy lor rc,cwal of his passport. After verificertion of the passport of the pcti.ior.rcr, thc same was seized by the authorities on tl-re ground tavsx. J W-P. No 3786 of 2025 of a cnrninai case is pending against him. Hence, the petitioner filcd the presen r rr,-rit pe trtion.

6. On the other hand, the learned counsel Mrs. N.V.R. Rajl.alakstrmi, reprcsenting the learned Deputy Solicitor General of lnclia Sri (ladi l)ravecn [iumerr lor the respondents, has placed a copy ol thc u,riLtcn insLructions submitted by the Assistant passport Officer (Legal Sectionl based on which it is submifted that the petitioner has submittcd application f<rr reissue of his passport (N 1O91445 dated

11.O7.'2Ol:i vzrtid Lill 13.O7.2024 issued by the Regional passport Officer, I{-yder.rbad) at CGI, Chicago vide File No.US7O753 16061324. h passport No. K-437t1558 daLed 19.08.2024 was printed. On receipt of un adverse rr'port fron-t the Police authorities, the applicant rs facing criminal c.rsc as 44 in the Crime No.275/2018 under Sections 498-4, 32:), 406, 506 rcad u,ith 34 iPC at WPS, Saroornagar and further proccss iras bet n sropped at the CGI, Chicago. I

7. At this juncture, the learncd counsel for the petitioner while placing rclianc,. in the case Vangala Kasturi Rangacharyulu Vs. Central Burcau of Investigationl it is submitted that the passport authoritl' cann()t rcfusc thc renewal of lhe passpor[ on the ground of pendenc-y o[ LhL] criminal case. Apart from the above, the learnecl counsel scckin.l ii drrcction to the auttrorities [o issue emergency ccrtific.rtc as p(ri- Scctlot'r 4 of the Passports Rules, 198O. In support of l0l I SC( Onl.ine Sr r519 .1 \--t-t--! NVSK. J lL.P. Ito 3786 of 2O2s this submission he placed a cop,v- of the ordcr datecl 08.O4.2025 passed in \V.P. No.10371 of 2025 passcd by this Cottrt

8. Insolar as issuance ol direclion in resprrct. ol issuance of emergency cerlihcatc, the learned counsel :'ppearing for Lhe responden -s sr-rbmitted lhat Section 4, Schcdulr: II Part II of the Passports Rules, 198O an emergencv ccrtificatc tl:rv be issucd for the purpose ol travel lo India and if the petitioner t-n:lkes an applicatron for issuanr:e of emergencv ccrtificate, thc same t otrld be considered by the authorities and aftcr the certif-rcatc is issucc., the petitioner can travel to India and contest the pending criminal czrse against him. I . It is to bc seen tl-rat in thc case of Vangala Kasturi (supra), the Hon'bl: Supreme Court hcld aL l)aras No.7 Lo li) :rs under: "7. The refr-rsal of a passport can bc only in casc ',vhere an applicant is convicted drr ring the period o[ 5 years immedi:rtely procecding thq date of application lor an offencc involvitlrl mbral turpitude and sentence for imprisonmenl for not Iess than two years. Section 6.2(f) relatcs to a situation whcrc

8. the applicar-rt is facing trizrl in a criminal court.

9. Admittedly, at prescnt, thc convic(i,rt'r of lhe appcllant stands still the disposal of thc criminal appeal. The sentencc which he has to u.dcrgo ts for a period of one year. 'I'he passport attlhoritv cannot rcfuse thc reneu,arl of the passpoii on the ground of pendct.rcl, o[ tl'rc criminal appcal ) '['lrt' passport authority is directed to rcncw 10 Lhc p:rssl)ort ol thc applicant without raising the objection rcltrting to the pendency of the crirninal appeal in this Court. Subject to the other conditions bcing fulfilled, the Interlocutory .'\pplicrrtr<rn st rLnds clisposed of."

10. Havrng consiclcrccl the submissions made by the learned counsel on cirhcl siclc and with their consent, taking into considcratioLr tirc lzrrr laicl dorr,'n by the Hon'ble Suprcme Court in thc C SC ol supra, this rr, rrt pctition is disposed of with the following conditiolls (i) (ii) (i ii) TI'rt' grt titroner shall submit an undertaking along with an rrlIrd;ri rr bc[ore the V Additional Metropolitan Magistratt'cum Junior Civil Judge, Ranga Reddy District aL L.B. Nagar in C.C. No.2942 of 2019 (Crime No.275 oi 2O18), stating that the pelitioner will not Icavc Indra during pendency of the sai( C.C. without pcrmissron of the Court and the pdtitioner will coopclat( r,vith the Trial Court in concluding the criminal proceedings. Tl-rt-' 'l'ri:rl CourL shall issue a certified copy of the r-rndt'r-rakrLrs :rlong with an affidavit within Two (2) s'eel<s lro u'r thc clate of filing of the undertaking. Thc pt:tit;oner shall submit the certified copy of the albrts:rici i Lndcrt:rking along with the rcply/cxplanation bclbrt thr cronccrncd Passport Officer lor consideraLion oi his trlr;.lication for reneu,al of passport. (iv) (v) (ui) (vii) 6 NVSK. J \{ P. No.37a6 0t 202s The Passport Authoritv shall r:orrs ck:r thc documents in the light ol thc observzrtions m; clc br, the Court as rvell as the undert:rking anrl othor (l()cumcnts filed by the petitioner. Thr: pctitioncr shall zrlso be at Iiberry to rcly on the dectsions in this rcqarcl Thc PassporL aLitl)oritv is dircr -,:il Lo rencw the passport o[ the pctitioner s ithoLtl : rtsing lhe objection rclating to thc pcnclencl' ol tlrc ,'r iminal proceedings before the Tri:rl Corrrt. The petitioner shall deposit thc orir nal passport bcfore the V Addilional lvlctropolitan Mirlirstratc cum-Junior Civil Judge, R:rng:r Rcclclv l)rslrtc :rt [-.8. Nagar in C.C. No.2942 ot 2019 (C. i inlc No.275 of 20 18), aftcr renew'al ol thc p:rssport. 'l'hc petitioner shall l;c zrt libL rty t, lile an application before the V Additior-ral Me[ropciiit;.n M:rgistratc-cum .Junior Civil Judgc, Ranga llcrlr15, I)rstrict at L.B. Nagar in C.C. No.2912 o[ 20 19 (Crir.nr' No.275 of 2O 18), seeking permission to Lravt:l cutside India. The V Additional MctropoliLirn M illtislralr:-cum Junior Civil Judge, Ranga Rcddv [)ist ri:t at L.B. Nagar, shall considcr lhc s:rrnc in :rcr ordar':r u'ith law. 1 1. Sinc,: it is submitted that thc pctition,'r rs l,rcsenllv staying in USA and his passport is irnpounded lrr thc ziuthoritv and lor compliancr, of thc aforesaid conditions, thc pctitr rner is required to travcl frorr USA to India, thc rcspondenl l',o.3, ( ortmissioncr-cum- Regional Prrssport Officer, is clircc:tcrl t() corrli rrntl( 1r thLs ordcr to the CGl, C[pago. for issuance of emcrgencv r:cr':l'jczrtL irs pcr Scctton 4 of l IwSK, J w.P.l{o.37a6 0f 2025 the Passports Rulcs, lc)BO, ir-r accordancc rvith law, within a period of two weeks from thc d:rlc of filing ol application by the petitioner, if any, enabling the pcritioner to travel to India.

12. Accordingl_r., this s'rir perition is disposed of. There shall be no order as Lo cosl s. As a sequcl, rnisccllaneous applications, if any pending, shall stand closcd. //TRUE COPY// A D/- B. REKHA RANI ANT REGISTRAR ECTION OFFICER To, 1 2 3 4 5 o 7 8 I TJ GJP The S^ecretary, The Union of India, Ministry of External Affairs North Block, New Delhi The Pd Secretary to Government Home Department, The State of I etangana, tS Secretariat, Hyderabad. The commissioner-cum- Rejional passport officer, Regional passport office, Chiranpur Lane, Begumpet, Secunderabad. The Commissioner of Police-, police Commissionerate, At Hyderabad. The Station House Officer, Saroornagar police Station, Hydi:rJUiOFotice Co mmissio nerate. 9n. 99 to M/s. S. Vijaya Prashanth Advocate IOPUCI r One CC to Sri Gadi Piaveen K,qmgr.Dy Solicit6r Cen.'Of india IOPUCI Two CC to The GP for Home, High Court for the State of feiingdna, it ' Hyderabad[OUT] Two CD Copies HIGH COIJRT DATED:0'110712025 I ORDER WP.No.3786 of 2025 19 SEI' i i) '|- -\-\- .l ^\\'. ._/.C \\ a'\ '\ ?ffi ;) \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( +- n u\