The 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 a writ, order, or direction, more particularly one in the nature of a writ of Mandamus, declaring the action of the 2nd Respondent in not re-issuing/ renewing petitioner's passport bearing No.K2563259 pursuant to the application vide File number HY2074921472522 dated 29-12-2022 on the ground of pending accused no.7 in a criminal case videCr.No.655 of 2022 Uls 341,147,148, 353, 332, 5o9r1w149 of LP.C, in which pace filed chargesheet and the Hon'ble lll Additional Chief Metropolitan Magistrate At Nampally has taken the cognizance of the same and numbered as CC No. 1041512022, which is pending trial Hyderabad as illegal, arbitrary, unconstitutiona l, in violation of principles of natural justice, and contrary to the provisions of the Passports Act, 1967, and consequently direct the 2nd respondent to re-issue/ renew the petitioner's passport bearing No.K2563259by processing the application via File number HY2074921472522 daled 29-12-2022 without reference to the said criminal case. lA NO: 1 OF 2025 Petition under Section 15'1 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 petitioner's application vide File number 7 HY2O74921472522 daled 29-12-2022 for re-issuing/ renewal of his passport bearing No.K2563259 without reference to criminal case vide Cr.No.655 of 2022 Uts341.147.148, 353,332, 509 r/w 149 of IPC which is pending trial, vide CC No. 1041512022, which is pending as Se file of Hon'ble lll Additional Chief Metropolitan tvlagistrate At Nampaity, Hyderabad in the interest of justice. Counsel for the Petitioner: SRI GAJULA PREM KUMAR Counsel for the Respondents: SRI B. JTTHENDER (CENTRAL GOVT COUNSEL) The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO I WRIT PETTTION No.4533 OF 2o25 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 Respondent in not leis_suing/renewing petitioners passport bearing No. K2563259 pursuant to the application vide F.ile number HY2O74921472522 dated 29.12.2022 on the ground of pending accused no.7 in a criminal case vide Cr.No.655 of 2022, U/s.341, 147, 748, 353, 332 SO9 r/w149 ol I P C in which pace filed charge sheet and the Honble ill Additional Chief Metropolitan Magistrate At Nampally has taken the cognizance of the iame and numbered as C.C.No. 10415/2022 which is pending trial Hyderabad as illegal, arbitrary, unconstitutional in violation of principles of natural justice and contrary to the provisions of the passports Act 1967, and consequently direct the 2nd respondent to reissue/ renew the petitioners passport bearing No K2563259 by processing the application via File number HY2O7 492 1 47 2522 dated 29. 12.2022 without reference to the said criminal case.',

2. Heard Sri G.Prem Kumar, learned counsel for the petitioner and Sri B.Jithender, learned Starding Counsel appearing for respondents

3. Learned counsel for the petitioner Submits that respondent No.2 is not considering the application bearing No.HY2074927472522, dated 29.12.2022 submitted by the petitioner for issuance of passport o, ,l: alleged ground that he 2 involved in FIR No.655 of 2022 on the Iile of Banjara Hills Police Station, Hyderabad. Learned counsel further submits that the Investigating Authorities after conducting investigation filed charge sheet ar-rd the same was numbered as C.C. No. 104 15 of 2022 on the file of the III Additional Chief Metropolitan Magistrate at Nampa1ly, Hyderabad. Mere pendency of the criminal case is not a ground for rejection of the application submitted bv 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 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 will consider the application submitted by the petitioner in terms of the order passed by this Court on

18.04.2023 in W.P.No.10462 of 2023.

5. In vieu' of the said submissions made by the respective parties, this Writ Petition is disposed of directing respondent 3 No.2 to consider the application bearing No.HY2OZ4921472522, dated 29.12.2022 submitted by the petitioner for issuance of the i passport with the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.1O415 of 2022 on the file of the III Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, stating that he shall not leave India during pendency of the 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 certified copy of the same within two (02) weeks therefrom; iii) The petitioner herein sha1l submit certified copy of this order as well as the aforesaid undertaking before the Passport Officer/ Authority concerned for issuance of passport; iv) The Passport Officer/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; I I I 4 v) On issuance of the Passport, the petitioner herein shatl deposit the original Passport before the trial Court in C.C.No.10415 of 2022; and vi) However, liberty is granted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accord ance with law.

6. With the above observations, the Writ Petition is disposed of. No costs. Miscellaleous petitions, if any, pending in this writ petition shall stald closed. There shall be order as to costs. SD/. T. CHANDR,A SEKHAR REDDY ASSIST T REGIS //TRUE COPY// CTION OFFICER \

1. The Principal Secretary, Ministry of Extemal Affairs, The Union of lndia, South Block, Secretariat, Raisina Hill, New Delhi, lndia.

2. The Regional Passport Officer, O/o The Regional Passport Officer D.No 8-2- 215 lo 219, Kummurguda, Secunderabad-500003, T.S. 3. One CC to SRI GAJULA PREM KUMAR, Advocate [OPUC] 4. One CC to SRI B. JITHENDER (CENTRAL GOW COUNSEL) IOPUC] 5. Two CD Copies BN To, HIGH COURT DATED:1 710212025 ORDER WP.No.4533 of 2025 CC TODAY p,e STAIE 1 q f, t, 7 t) ,,1 -b .at 19 FtB ilr6 .k OEiil'f,"-r: t/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS W