High Court · 2025

Judgment

1. a The Union of lndia. Reo hv its. principal Secretary, Ministry of External Affairs, So u th B tock, Secrera ridt, (a i.i n, Hii[ rrt eir"ii;ih ;'i, ji; r ne Keqtonat passoort Officer, O/o. The Regional passport Office, 73, Red Cross Road, Shivaji Nagar, SeiunOeraOa-0, i;"G;":

...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of wRrr oF IUANDAMUS decraring the action of the 2nd Respondent in not renewing petitioners passport bearing No.K4754430 pursuant to the application vide Fire number on the ground of pending criminar case vide cc No.1942121 u/s i2o(b), 419,420,464,468,471 Nw 34 rpc on the fire of the Honorable Judiciar Magistrate of First crass court at sanga Reddy as iflegar, arbitrary, unconstitutionar, in vioration of principres of naturar justice and contrary to the provisions of rhe passports Act, 1967 and consequenfly direct the 2nd respondent to renew petitioners passport bearing No. K4754430 pursuant to the application dated 20.12.2o24 without reference to the said criminar case 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 direct the 2nd respondent to consider the petitioners application vide File No. Passport bearing No.K4754430 pursuant to the application vide File number HY1O74745762722 on the ground of pending Criminal Case vide CC No.1942121 U/s 120(b), 419,420,464,468,471 Rlw 34 IPC on the file of the Honorable Judicial Magistrate of First Class Court at Sanga Reddy, pending disposal of the above writ petition in the interest of justice Counsel for the Petitioner: SRl. M. P. K. ADITYA Counsel for the Respondents: Ms. SWATHI REP Smt. B. KAVITHA YADAV, SC The Court made the following: ORDER '. ".:.t.qlc].:ry ,/ ./ THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO WRIT PETITION No.4729 OF 2o25 ORDER: This writ petition is hled seeking the following reliel " ... 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 petitioners Passport bearing No.K475443O pursuant to the application vide File number on the ground of pending Criminal Case vide C.C.No.1942l21 U/s. 120(b), 419,42O,464,468,471, R/w 34 IPC on the file of the Honorable Judicial Magistrate of First Class Court at Sanga Reddy 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 petitioners passport bearing No.K475443O pursuant to the application dated 20.12.2024 without reference to the said criminal case."

2. Heard Sri M.P.K.Aditya, learned counsel for the petitioner and Ms.Swathi, learned counsel representing Smt.B.Kavitha Yadav, learned Standing Counsei appearing for respondents

3. Learned counsel for the petitioner submits that respondent No.2 is not considering the application bearing No.HY1074745762722, dated 07.11.2022 submitted by the petitioner for issuance of passport on the alleged ground that he involved in criminal case ald the Investigating Authorities after conducting investigation filed charge sheet and the same was Z numbered as C.C'No.1942 of 2O2l on the file of the learned Judicial Magistrate of First Class at Salga Reddy' 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 simiiar circumstances, this Court disposed of the writ petition vide W.P.No- 10462 of 2023 on la'O4'2O23 wittl certain conditions. With the very salne conditions, respondent No.2 may be directed to consider the application submltted 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' In view of the said submissions made by the respective

5. parties, this Writ Petition is disposed of directing respondent No.2 to consider the application bearing No'HY1O74745762722' dated 07.11..2022 submitted by the petitioner for issuance of the passport with the following conditions: i) The petitioner herein shall submit an undertaking i ..t along with an affidavit in C.C.No.1942 of 2O2l on the irle of the learned Judicial Magistrate of First Class at Sanga Reddy, 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 certilied copy of the same within two (02) weeks there from; iii) The petitioner herein shall submit certified copy of this order as well as the aforesaid undertaking before the Passport Officer I Authority concerned for issuance of passport; I t 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 trial Court in C.C.No.1942 of 2027; and vi) However, liberty is granted to the petitioner 4 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 accordance with larv.

6. With tl-re above observations, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending in this writ petition sha-ll stand ciosed. There shal1 be order as to costs. //TRUE COPY// SD/. P.CH.NAGABHUSHAMBA ASSISTANT REGISTR^AR N OFFICER To,

2. The Principal Secretary, Union of lndia' MinistrY of External Affairs' South ei.""k Suii"trnit, Rais'lna Hill, New Delhi, lndia . - ;#H"""ffi;'i Piitporioni""i, oid fn" n"gio.nal Passport ofrice' 73' Red cri*'i"-ril sni;rrl r'lrgat, Secunderabad' Telangana' 6iltdiilbCi rr,t p. (. ADlrYA,Advocate-[oP^u.c] 5li; 6d i" i,r't ri. xnvitHn Ynonv, sc [oPUC] 3 4 tr. Two CD CoPies BM HIGH COURT DATED:1810212025 ORDER WP.No.4729 ot 2025 CC TODAY STA T€ .\ v,\9 q o 1s ltB N6 C) -b A * I DEST,N C, DISPOSING OF THE WRIT PETITION WITHOUT COSTS I