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 WRIT OF MANDAMUS declaring the' letter dated 05'02-2025 vide No.HYD/30/POL|PIC:153t2O25 issued by the 2nd Respondent directing the petitioner to surrender his passport bearing No.C3085116 on the ground of pending criminal case vide sc.sPL. No.175 of 2022 on the file of Spl. Judge for trial of cases under scs and sT (POA) Act, 1989-cum-ll Addl. District and Sessions Judge, warangal as illegal, arbitrary, unconstitutional, in violation of principles of natural justice and contrary to the provisions of The Passports Act, '1967 and consequently 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 letter daled 05-02-2025 vide No.HYD/30/POL1PIC1 15312025 issued _ rri.iiir<' by the 2nd Respondent directing the petitioner to surrender his passport bearing No.C30B51 1 6 pending disposal of the above writ petition in the interest of justice. Gounsel for the Petitioner: SRI ANUGANTI PRANEETH Counsel for the Respondents: SRt T.JASHWANTH, SC FOR CENTRAL GOW. The Court made the following: ORDER r-l THE HONOURABLE SRI WSTICE J.SREENIVAS RAO WRIT PETITION No 5125 0F 2025 . ORDER: This writ petition is frled seeking the following relief: " ... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the letter dated 05.O2.2025 vide No.FIYD/30/POLlPlCl 15312025 issued by the 2nd Respondent directing the petilioner to his passport tearing No C3085116on the ground of ;;.di.g criminar iase vide sa'SPL.No.175 of 2022 on the f e ""-"ra"i if ipt j"age for trial of cases under SCs and ST (POA) Act f Sag-cum-I-t Addl. District and Sessions Judge, Warangal as unconstitutional, in violation of principles of iff.grf,,ttit "ry, naiura-l justice and contrary to tJle provisions of The Passports Act 1967 and consequently set aside the same "

2. Heard Sri A.Praneeth, learned counsel for the petitioner and Sri T.Jashwanth, learned Standing Counsel 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 respondent No.2 has issued passport to the petitioner on 2g.Og.2024 vide passport bearing No'C3085116 and the same is valid upto 22.Og.2O34. While things stood thus' respondent No.2 issued impugned notice dated O5'O2'2O25' directing the petitioner to surrender the above said passport, on the alleged ground that the petitioner is accused No'24 in SC'SPL'No' 175 of 2 ':!: 2022 on the frle of the learned Special Judge for trial of cases under SCs and STs (pOA) Act 19g9_cum_Il Additional District and Sessions Judge, Warangal. He further submits that in rriew of mere pendency of the said case, respondent No.2 ought not to have issued impugned notice.

5. Per contra, learned Standing Counsel submits that petitioner is accused No.24 in SC.SpL.No.l Z5 of 2022 on the file of the learned Special Judge for trial of cases under SCs and STs (POA) Act 1989-cum-Il Additional District and Sessions Judge, Warangal arrd the petitioner has to approach the said Magistrate and has to male application seeking restoration of the passport.

6. Taking into consideration of the facts and circumstances of the case and submissions made by the parties, this Court deems it appropriate to dispose of the writ petition, with the following conditions: (i) The petitioner shall submit an undertaking along with an affidavit before the learned Specia-l Judge for trial of cases under SCs and STs (pOA) A-ct -19_g9_ l l I i l IE 3 cum-Il Additional District and Sessions Judge, Warangal in S.C.SPL.No.175 of 2022 stating that he will not leave India during pendency of the S'C', without permission of the Court and he will cooperate with the Trial Court in concluding the criminal proceedings. (ii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking. (iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/ explanation before the concerned Passport Officer for consideration of his application for restoration of passport. (iv) 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 also be at liberty to re$ on the decisions in this I t I 4 regard. The petitioner shall deposit the original passport before the trial Court for restoration of the passport. The petitioner shall at libert5r to file an application before the learned Special Judge for trial of cases under SCs and STs (pOA) Act 19g9_cum_ll Additional District and Sessions Judge, Waralgal seeking permission to travel outside India eLnd the learned Magistrate, sha-ll consider the same in accordalce with law. 7 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 SD/.L. LAKSHMI BABU ASSISTANT REGISTRAR //TRUE COPY// :i\H TION OFFICER

1. The Principal Secretary, Union of India, Ministry of External Affairs, South ^ EJo.! Secretariat, Raiiina Hiil, r.te*-rj"rrii, i"iji',"' ' z. tne Keqtonat passport O-fficer, O/o_ The Regional passport Office, 73, Red - Cross Road, Shivaji Naqar, Secund"ruOrO, iufrib"n". 9 9nu cc to sRraytu6ffii.ffi(EEfnlno""iliBiopuct 4. one cc to sRt T.JASHWANTH, Sclon crirfiiAl Go\ri. topucl 5. Two CD Copies i \ To PSK BS a- HIGH COURT DATED:2010212025 / I CC TODAY ORDER WP.No.S125 of 2025 ,..-- /'\/, : - t,.-i (q 2 ,i Fi$ 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS { 0