High Court · 2025

Petition under Article 226 of the Constitution of India 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 WRIT OF MANDAMUS declaring the action of the 2nd Respondent in not renewing petitioner's Passport bearing No.88914384 pursuant to the application vide File number HY75C5018617924 dated 2O11212024 on the ground of pending Criminal Case vide CC. No.391/2022 Uls. 42O rlw 34 of IPC on the file of ll Additional Judicial First Class Magistrate at Mancherial 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 renew petitioner's passport bearing N.o.88914384 pursuant to the application daled 2011212024 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 HY75C5018617924 daled 20-12-2024 for renewal of Passport bearing No.B8914384 without reference to Criminal Case vide CC. No.391/2022 Uls. 420 rtw 34 of IPC on the file of ll Additional Judicial First Class Magistrate at Mancherial pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI A.PRANEETH FOR SRI P.LAKSHMA REDDY Counsel forthe Respondents: SRI P.SHASHI KIRAN, SC FOR CENTRALGOVT. The Court made the following: ORDER - I n THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO 1VRIT PETITION No.4536 OF 2025 ORDER: This writ petition is hled seeking the following relief: " . .. to issue a Writ Order or direction rnore particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in not renewing petitioners Passport bearing No.889i4384 pursuant to the application vide File number HY75C5018617924 dated 20l12l2024 on the ground of pending Criminal Case vide C.C.No.391/2O22, U /s 42O rlw 34 of IPC on the file of II Additional Judicial First Class Magistrate at Mancherial as illegal, arbitrary, unconstitutional, in violation of principles of natural justice and contrary to the provisio.r" ol The Passporti Act, 1967 and consequently direct the 2nd respondent to renew petitioners passport bearing No.B8914384 pursuant to the application dated 20 I 12 /2024 without reference to the said criminal case.'

2. Heard Sri A.Praneeth, learned counsel representing Sri P.Lakshma Reddy learned counsel for the petitioner and Sri P.Shashi Kiran, learned Standing Counsel appearing for respondents

3. Learned counsel for the petitioner submits that respondent No.2 is not considering the application bearing No.HY75C5O18617924, dated 20.12.2024 submitted by the petitioner for issuance of passport on the alleged ground that he involved in FIR No.3O of 2021 on the lile of Mancherial Police I 2 Station, Hyderabad. l,earned counsel further submits that the Investigating Authorities after conducting investigation filed charge sheet and the same was numbered as C.C.No.3ll of 2022 on the file of the II Additional Judicial First Class Magistrate at Mancheriar. 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 r9.o4.2o23,*.ith certain conditions. With the very sarne conditions, respondent No.2 may be directed to consider the application submitted by the petitioner.

4. l,earned 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 1a.O4.2O23 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 bearing No.Hy75C50 lg611924, dated 20. 12.2024 submitted by the petitioner for issualce of the t -.-:7 3 passport with the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.31 I of 2022 on the file of the II Additional Judicial First Class Magistrate at Mancherial, stating that he shall not leave India during pendency of the said C.C. without permission of the Court and that he shalt 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 shall 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 (03) weeks from the date of said application; v) On issuance of the Passport, the petitioner herein shall deposit the original Passport before the i I 4 trial Court in C.C.No.3I I of 2022; and, vi) However, liberty is granted to the petitioner herein to lile an application before the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.

6. With the above observations, the Writ petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be order as to costs. //TRUE COPY// SD/. P. PADMANABHA REDDY ASSISTANT REGISTRAR To ' [li'fi:"':1fr:1,;;"t1flfl llil:1y,iJ,T",llflArrairs, south Block, secretariar, CTION OFFICER l9;:ggll{ri?Nll,f*=titrta[ttitry*#,:il-' PSK. GJP Yy HIGH COURT DATED:1710212025 ORDER WP.No.4536 of 2025 CC TODAY 'A !\< ll: t{E ST4 1S rEB 2[25 t DISPOSING OF THE WRIT PETITION WITHOUT COSTS n ,d"tr ft*