High Court · 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) [ 3303 ] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NOs:4013 &4052OF 2025 W P No.4013 OF 2025 Between: Kondapalli Bhuvaneswari, W/o Rajesh, aged 31 years, Occ. Homemaker, Rl/o H.No 5-6-160131218,12, Pakabanda Bazar, Khammam. ...PETlTIONER AND

1. Union of lndia, Rep. by its Secretary, Ministry of External Affairs, South Block, Raisina Hill, Secretariat, New Delhi-

2. The Secretary, Ministry of Home Affairs, Girh Mantrayalaya, North Block, Raisina Hill, Secretariat, New Delhi.

3. The Regional Passport Officer, D.No. 8-2-215 to 219, Adjacent to Prashanth Theatre, Kummarguda, Secunderabad- 500 003.

4. The Station House Officer, Police Station, Khammam-l Town, Khammam. ...RESPONDENTS 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 in the nature of Writ of Mandamus. (a) to declare the action of the Respondent No.3 i.e. Regional Passport Officer, Hyderabad in initiating the proceedings by issuing show cause Notice No. HYD/30/POL/PCCI17812024 dated 26-6-2024 calling upon the petitioner to furnish her explanation regarding the pendency of Criminal Case vide Charg€ Sheet No. 01 dated 18-03-2024 against her within 21 days failing which action will be initiated against her as per Section 10(3Xe) of the Passports Act, 1967, and (b) further to declare the Communication made vide No. HYD/3O/PCC/1 7812024 dated 3-1-2025 stating that response made by Petitioner's I I Et I i I counsel is rot ac:-"ptabkl to the show cause notice issued to her rnd directing her to surrende' my rassport bearing No. T4829969 dated :26-6-201 l w,thin 21 days to the offic,: of i'e,sponcent No.3, otherwise necessarv actiln will be initiated against her I)ass llrt as per the provisions of the passports p.ct, 1g(17 as illegal, arbitrary anl violat ve ol Fundamental Rights guaranteed uncierr Articles .14 and 21 of the constitr:icn of lndia apart from contrary to ther prov sicns rf passports Act 1 967 anC set e s ide ttre same. lA NO: 1 OF 2025 Petiti.rr un,i:r section 151 cpc praying that rn th€ c rcun.s:an.es stated in the affidavit riled ir supt)ort of the petition, the High court nla) b€ pleased to suspend the' conr,r uniczrtion made vide No. HyD/30/pr'.)c117 Bt2o2t dated 3-1- 2025 directirgl th: petitkrner to surrender her passport bearng Nc. T4g29969 dated 26-6-2019 6rending disposal of the above Writ petiti,:n. counsel for the Pe tition. r, ?IJ JffylKtRAN RAo, Sr.rlerrn Re I counserrortheRespont"""TJa jl""Atiffi,Jli0[=^?:' Counsel for the Respondents No.4 : ASST. Gp FOR HOlt4E W.P.No.4052 OF 2A2.5 Between: fgp^tnqm Maheswe ri, W/o Mani, aged 23 years, Occ. Hornemak:r, R/o H.No. 5_4_ 98/3, PakabanC a Bazar, Ktrammam. ..P]=TITIONER AND 1 2 3 Union ,1'lndia, Rep. by its Secretary, I\Iinistry of Exlernal l,flair;. S:uth Block, Raisin;, Hill, Se creta -iat, New Delhi. TheSecretar), Ministry of Home Affairs, Girh IVantray rlay;r Nlqrth 3lock, Raisina Hitl, Secreta,'iit, New Delhi. The Regional Fassport Officer, D.No. B-Z-215 to 219, Aoja ,,rrt to F,rashanth Theatrc. (untrr argurla, Secunderabad- 500 0O3

4. The Station l-lrt,rss 6ffia.,, police Station, Khammam- To!v.. h hartmam. ,,,RI:SPONDENTS { ! I 1 J i I 1 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 apy appropriate writ, order or direction more in the nature of writ of Mandamus. - (a) to declare the action of the Respondent No'3 i.e. Regional Passport Officer, Hyderabad in initiating the proceedings by issuing show cause Notice No.' HYD/30/POL/PCCt178t2O24 dated 2516t2O24 calling upon the petitioner til'furnish her explanation regarding the pendency of criminal case vide charge sheet No. 01 dated 1810312024 against her within 21 days failing which action will be initiated against her as per section 10(3)(e) of the Passports Act, 1967. and (b) further to declare the Communication made vide No' HYDl3OtPcct17Bl2o24 daled 7t112025 stating that responre made by Petitioner s counsel is not acceptable to the show cause notice issued to her and directing her to surrender her Passport bearing No. w 1564228 daled 161612022 within 21 days to the offrce of Respondent No.3, otherwise necessary action will be initiated against her passport as per the provisions of the Passports Act, 1967 as illegal' arbitrary and violative of Fundamental Rights guaranteed under Articles 14 and 21 of the constitution of lndia apart from contrary to the provisions of Passports Act 1967 and set aside the same. 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 suspend the communication made vide No. HYDl3OlPccl17812024 dated 7t112025 directing the petitioner to surrender her Passport bearing No. W1564228 daled 161612022 pending disposal of the above Writ Petition' for SRI V'ROHITH Counsel for the Petitioner : SRI V.RAVI KIRAN RAO, Sr'Counsel . Counsel for the Respondents No.1to3 : SRI N.V.R.RAJYALAKSHMI' : ;:ii3I."l-?IffvEEN Counsel for the Respondents No.4 : ASST' GP FOR HOME The Court made the following: COMMON ORDER KUMAR' i t HE EIOI\T LE SRI IUSTICE I.SREEN IYAri&!) \@425 Comr4111y()qr-ler, I),:tir:r,ners in these two writ Petitions ltave tltit stkrned the actioc c,f t,;pon<lent No.2 in issuing proceedirLgs clatcc 01 01'2025 and 02.0.2025 respectively, directing them to sunencler their resp('ctive rasspolts, as illegal, violative ard <ont:ary to the provisrc,n:; rf the Passports Act, 1967 (for shor'. 'th: Act') and Anicles 1.1 tnd2l of the Constirution of India.

2. Flerrrrl Sn V.Ravi Kiran Rao, leam,.ld S,'nilr (i;unsel appearine lor IVtr. V.Rohith, Ieamed counsel ior rl:e Petilionen; Ms. l{.'V 8-R"jf Lal$hmi, learned counsel re:)ressntirrs ]vk. Gadi Pnve en K-,.tmar leamed Deputy Solicitor C'erre -rl .l lnclia ior resp,rrxle 'r:'; No 1 to 3 and leamed Assistant (.loverr rr rcrlr l'leader tor I lirml appeaing for respondent No.4. l \l/i, lr their consent, both the writ petitior-rs :irt '-1 spc'sed o[ at the :tas1c' ci admission. 2

4. karned Senior Counsel appearing for the pedtionen submits that the peritioners herein are accused Nos.4 and 6 respectively in Crime No.311 of 2023 on the file of Station House Officer, I Town Police Station, Khammam, registered for the offences punishable under Sections 30a(B) & 498-A IpC and Sections 3 & 4 of Dowry Prohibition Acr and in view of pendency of the same, respondent No.3 has issued rhe impugned proceedings directing the petitionen to surrender their passpons and such action of respondent No.3 is contrary to the provisions o[ rhe Act.

5. kamed Senior Counsel further submits thar mere pendency of crimhal case is not a ground to direct the petitioners to surrender their passporu and that the petitioners have not visited any foreign country and as such,, the question o[ respondent No.3 directing the petitionen to surrender tlreir passpons, ar rhis juncture, does not arise.

6. Leamed counsel for respondents No.l to I submits that the petitioners being accused Nos.4 and 6 in the aforesaid crirne, 3 whenr:ver t hey wish to travel abroad, the y L.av,: to obtain pemri;s,orr lrom -he competent court.

7. A pr:r.rsal t,f the material available on re<:ord rer','als that the investig:rti:rr in (rime No.311 of 2023 on the f ile cf St:Ltion House Officer. I fou.rr Police Station, Khammam, has a realy been compl,ret.:nd chargesheet has been filed and the r:as: is at PRC stage, ,rnrl rn tle nrcanwhile, respondent No.3 lLas issr-red the impr,llned p rocecdings directing the petitioners to :;trren,ler their passl)]rts. ' here[ore, on consideration of the subrrLi:rsir,ns made by the rrspe,'riue p.'fties and in view of the ave rnents rnace in the aiiidivirs tlr:rt tlre petitioners have not trave lled to an1 foreign countn t I date, this C-oun is of the view that tlttr qr.rt stion of surcnrlr:r rl passpons by the petitioners, at this stae e, ,loes not tt. r\c,.i, dingly, the impugned proceedings drted C1 .C1.2C25 ancl li7.I I 1 ,25, rssued by respondent No.3 are set ,rsidt . I lou'c'r'e r, it is nrad,' .'lear that as and when the petitioner; rii;lr Lo tr,rvel abrord. tl , ' shalL obmin permission from the c:)m[,etr:r t court. 4 1

9. Subject ro rhe disposed of. No costs. above direcdon, the \(rit petitions are As a seqr.rel, miscellaneow peririons, pending if any, stand closed. //TRUE COPY// SD/.V.KAVITHA ASSISTA NT REGIS SECTION FFICER ;X?":Bg:|.8?;,yjl[t#8:fil "marAffairs, South Brock, Raisina Hiil, Union of To, , ' Hi. :":",!", f 3;Y.ll,1?,,''{, 5,i8:,tf" "', G i rh M a n tra va r a va, No rth B roc k, ' Ils#::'ft lil ;:aiffiI 33"",";a3,.lf";.1-2-z 4. The Station House Officer, police Station, Khammam-t Town, Khammam. 5. One CC to SRt V.ROHITH, Advocate. tOpUCl 6. One CC to SRI GADI PR r-rigncourr6.'ih-"t]ii":)y:F,)rXHyltJ|#1yr"?J";3tf .,",,rof rndia), 5f o 2 1 e, A dia ce n r to p ra s ha nth ' IyS":"n::8tFoR HoME, Hish court ror the srate or rerangana at 8. Two CD Copies. (r BSK GJP t HIGH COURT DATED:25 t02t20it5 COMMON ORDER WP.Nos.4O'l:t & '1052 of 2025 '' 1 ;,..i ' '- ',i,.' ( lr, r ?02i z * \1 (- _) t-',) \..* \ DISPOSING OF THE WRIT PETITIONS WITHOUT (,-()STS *\ lL l':,, et --^-" " [\