High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the 6ircumstances 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 issuing the impugned Letter Ref. No.SCN/320550489125. dated 22.01.2025, and calling for furnishing the clearance certificate in respect of pending Criminal Case vide C.C.No. 110612022, on the file of the I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Wanaparthy as highly illegal, arbitrary and in violation of Article 2'l of the Constitution of lndia, consequently set aside the same. IA 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 the 2nd respondent not to take any coercive steps in recalling the passport issued to the petitioner vide Passport bearing No. C7867348 , daled 17.O1.2025, pending disposal of the writ petition. Counsel for the Petitioner: SRI Dr. RAVI KUMAR N Counsel for the Respondents: SMT. N.V.R.RAJYA LAKSHMI FOR SRI cADl PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITTON No .460.2 0F 2025 ORDER: This writ petition is filed seeking the following relief: " ... pleased Lo issue an appropriate writ, order or direction mor.e particularly one in the nature of Writ of Mandamus declaring the action of the 2nd rcsponclent in issuing the impugned Letter Ref.No.SCN/320550489/25 dated 22.O1 .,Ois and calling lor furnishing the clearance certilicate in respect of pending Criminal Case vide C.C.No 110612022 on the file ol the I Additional Junior Civil Judge-cum-Judiciat Magistrate of First Class, Wanaparthy as highly illegal arbitrary and in violation of Article 21 of the Constitution of India ' consequently set aside the same ......"

2. Heard Sri Dr.N.Ravi Kumar, learned counsel for the petitioner and Smt.N.V.R.Rajya Lakshmi, learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor Genera-l of India appearing for respondents'

3. With the consent of learned counsel for the parties, the writ petition is being disposed of at the stage of admission.

4. Learned counsel for the petitioner submits that basing upon the application submitted by the petitioner on

17.Ol .2025, respondent No.2 has issued passport bearing 2 t No.C7867348, dated 17.01.2025 and the same is valid upto 16.01.2035. While things stood thus, respondent No.2 issued impugned notice dated 22.01.2025, directing the petitioner to submit clarification, on the ground that the petitioner is an accused in Crime No. 14 of 2O2 1, which is pending in C.C.No. 1106 of 2022, on the file of the learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Wanaparthy. Learned counsel further submits that mere pendency of the criminal case is not a ground to seek explanation flrom the petitioner.

5. Per contra, learned counsel for respondents submits that pursuant to the impugned notice dated 22.01.2025, petitioner surrendered his passport before respondent No.2 on 13.02.2025. She further submits that respondent No.2 issued passport to the petitioner under tatkal scheme and during the course of enquiry, respondent No.2 came to know that the petitioner is involved in one criminal case, which is pending in C.C.No. 1 1O6 of 2022, on the file of the 3 I learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Wanaparthy and the petitioner suppressed the said factum of pendency of criminal case, while submitting application. However, she fairly submits that the petitioner has to approach the learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Wanaparthy and obtain appropriate orders from the said Court.

6. By way of reply, learned counsel for the petitioner submits that in similar circumstances, this Court disposed of W.P.No.4524 of 2025, dated 17.02.2025 with certain conditions and on the very same conditions, respondent No.2 may be directed to consider the claim of the petitioner for release of the passport.

7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that respondent No.2 issued passport in favour of petitioner on 17.01.2025 and tl:,e 4 same is valid upto 16.01.2035 and during the course of enquiry, respondent No.2 came to know that the petitioner is involved in one criminal case, which is pending 1n C.C.No.1106 of 2022, on the hle of the learned I Additiona-l Junior Civil Judge-cum-Judicial Magistrate of First Class, Wanaparthy. The record further discloses that pursuant to the notice issued by respondent No.2, dated 22.01.2025, petitioner has already surrendered his passport before respondent No.2 on 13.O2.2O25.

8. Taking into consideration of the facts and circumstances of the case and the order passed by this Court in W.P.No.4524 of 2025, dated 17.02.2025, this Court deems it appropriate to dispose of the Writ petition, by directing respondent No.2 to consider the reply submitted by the petitioner and take steps for release of the passport. The directions are as follows: (i) The respondent petitioner's passport No.2 shall within two relea se the weeks from l I I 5

23.02.2025. The respondent No.2 shall inform the petitioner of the time and place for the release of the passport. ii) The petitioner sha1l submit an undertaking along with an afhdavit before the learned I Additional Junior Civil Judge-cum-Judicial Magistrate of First Class, Wanaparthy in C.C.No.11O6 of 2022 stating that he will not leave India during pendency of the C.C. without . permission of the Court and he will cooperate with the Trial Court in concluding the criminal proceedings. (iii) The Tria,l Court shall issue a certified copy of the undertaking and affidavit within two weeks from the date of filing of the undertaking. (iv) The petitioner shall submit the certilied copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for release of passport. (v) Respondent No.2 shall be at liberty of taking steps on breach ofthe undertaking. I I 6 (vi) The Passport Authority shall consider the documents in the light of the observations made by the Courts as well as the undertaking and other documents filed by the petitioner. The petitioner shall a_lso be at liberty to rely on the decisions in this regard. The petitioner shall be at liberty to frle an application before the learned I Additional Junior Civil Judge-cum- Judicial Magistrate of First Class, Wanaparthy seeking permission to travel outside India and the learned Magistrate shall consider the same in accordance with law.

9. 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// SDI P.CH.NAGABHUSHAMBA NT REGISTRAR AS SECTION OFFICER \ Rajpath Area, Central Secretariat New Delhi 1 '1001 1 2-215 t; 219 Kummarguda Secund-erabad 500003 Telangana

1. The Secretary, Union of lndia, Ministry 9f Exteqql Affairs, 23 D Janpath Road 2. Th6 Regional Passport Officer, Regionat Passport Office Hyderabad D No 8- 3. One CC to SRI Dr. RAVI KUMAR N, Advocate IOPUC] 4. One CC to SRI GADI PRAVEEN KUMAR, Dy. SOLICITOR GEN. OF INDIA loPUcI

5. Two CD Copies I To PSK HIGH COURT DATED:18 10212025 ORDER WP.No.4602 of 2025 CC TODAY 6 SrAr5 o ,q t 3 v^ 19 ttB ?s5 o :l '! ),: n Di:: or1 DISPOSING OF THE WRIT PETTTION WITHOUT COSTS