High Court · 2025

PetitionunderA(icle226oftheConstitutionoflndiaprayingthatinthe circumFtances stated in the affidavit fited therewith ' the High Court may be pleased to issue a writ, order or Direction more particurarry onq in the nature of a WRIT OF MANDAMUS, declaring the Proceedings dated 24'Q7 2024' issued by the 2nd Resppndent herein requiring clarifiqations from the Petitioners regarding lssuanee of PassPqrt Facilities to the Petitioners herein with regard to Passport No,27875249 (1st Petitloner) and Passport No 27875559 (2nd Petitiqner) as lllegal arbitrary and without jurisdiction and to qonsequently dirgct the Respondents not to take any coercive steps like cancellation of Pasqport No.27875249(1st Petitioner) and Passp6rt No'27875559 (2nd Petitioner) in view of the pendency of Criminal Proceedings pending against the Petitioners herein in C.C.No 3580 of 2022, onthe file of Hon'ble lV Additional Chief Metropolitan Magistrate at NamPallY, HYderabad 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 Respondr-.nts ne1 fq take any coercive steps against the Petitioners herein like pancellation af Passport No.Z7 875249 (1st Petitioner) and Passport No.27875559 (2nd Petitioner) in view of. the pendency r:f Qriminal Proeeedings pending against the Petitioners herein in C.C.No 358p of 2022, on the file of Hon'ble lV Additiolql Chlef Metropolitan Magistrate at Nampatly, Hyderabad Counsel for the Petitioner: SRl. NARAYANA €ONTRYALA Coqnsel for the Respondents: Smt, N.V.R MJYA LAKSHMI The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J'SREENTVAS RAO WRIT PETITION No.6069 oF 2025 ORDER: This writ petition is filed seeking the follor't'ing relief: " . .. to issue o Writ Order or direction more nanticularlu one in tte nature of Wnt of. Mandomus ";:;';;;;"in"-io.i.ai"ss dated 24 07.2024 issued bs the 7"i*ii"lti.ia.nt hereii requiing- clanfic.at rons,from the i"tirir""i" regard-ing Issua'ice d Passport Fac.ilities to the iitn r e s a r d p;;:;1;; ;; * nZ, "in t o P d : :p-o ! ! 2 l. I 7 s 2 o..u 1"i iJiitio"", and Possport No'27875559 2nd Petttloner as ond rttithout iuisdiction and to ii"iJ"" ""iiri"ra ""ii".q"."aa direct the Re:ponqe:B not- to take an!! coerctue steps like cancellatiin of Passyo! n",,'T:::::? 1st Petitionir and Passport No 27875559 2nd Pet ttrcner tn uieut of the pendencg of Ciminat'" z. -

2. Heard Sri G.Narayana, iearned counsel for the petitloners and Smt.N.V.R.Rajya Lakshmi' learned counsel for respondents'

3. With the consent of learned counsel for the parties' the writ petition is being disposed of at the stage of aclmissic-'n' the petitioners submitted that 4. Learned counsel for petitioners are brothers and their maternal uncle ' lvith an petitioners, has lodged a complaint intention to harass the before Kachiguda Police Station and the same \\'as registered as crime No.38 4 of 2O2l and the Investigating Authorities after conducting investigation filed charge sheet and the same rvas nnmbered as C.C'No'35 Bo of 2022' on the file of the learned IV \ 2 Additional Chief Metropolitan Magistrate, ltampallv, Hyderabad He furthe; submitted that respondent No.2 has issued passports t,r the petitioners on 15.07.2024 and 7g.OT.2024 ttde passport be aring Nos.ZZgZ5249 and, 27g2.5559 ald the same are valid u1>to 74.02.2034 and 17.O2.2034 respectively. While things stoocl thus, respondent No.2 issuecl impugned notices dated 21 .OZ .2024, directing the petitioners to submit clarification, regarding issuance of passport facilitiesr.on the alleged grour. d that the petitioners are accused in C.C.No.35gO ol 2022 on the file of the learned lV Additionai Chief Metropolitan Magistrate, Nampalty, Hydererbad. F{e further submits that mere pendency of the said case, respondent No.2 ought not io have issued impugned notices and the same is contra-ry to the provisions of the passports Act, 7g67. 5. per contrcr,learned counsel for respondents submitted that petitioners without submitting explarration/clarification, pursuant to th,: impugned notices dated 24.07.2024, straight a\,r,,ay approacire,d this Court and filed the present writ petition and the sarme is not maintainable under la,,.v. She further submits that petitioners have obtained passpor:t under tatkal J scheme, suppressing the factum of pendencv of criminal case and during investigation, respondent No'2 came to know about the pendency of the criminal case, hence' respondent No 2 has rightly issued the impugned notices' She further submitted that the petitioners have to obtain permission from the learned IV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

6. Taking into consideration the facts and circumstances of the case and submissions made by the respective parlies, this Court deems it appropriate to dispose of the rvrit petition' with the following conditions: (i) The petitioners shall submit an undertaking along with an affidavit before the learned IV Additional Chief Metropolitan Magistrate, Nampally' Hyderabad in C.C.No.358O of 2022 stating that they will not leave India during pendency of the C C-' without permission of the Court and they will cooperate with the Trial Court ln concluding the criminal proceedings. (ii) The Trial Court shall issue a certified cop,v of the 4 undertal<ing and affidavit within 2 weeks from the date oi filing of the undertaking. (iii) 'l'1^ e petitioners shall submit the certified copy of the zrl,rresaid undertaking along with the reply/ explanzrtior-r before the concerned passport Officer for consicleration of their application for issuance of passp'rrt facilities. (iu) Thr: Passport Authority shall consider the documents in the light of the observations macle by the Cc u rts as well as the undertaking and other documents liled by the petitioners. The petitioners shar als,r be at riberty to rely on the decisions in this regarci. 'Ihe petitioners shall deposit t.he original passport before the trial Court for issuance of passport facilities. The petitioners shall zit liberty to file an application before the learned IV Additional Chief Mr:tropolital Magistrate, Nampally, Hyderabad seeking permission to travel outside Indra ald the learned [,Iagistrate, shall consider the same in 5 accordance with law'

7. With the above observations' the Writ Petition is disposed of- No costs' Miscellaneous petitions' if any' pending petttlon shall stand closed' There shall be order as to costs' in this w'rit SD'.P. PADMANAB HA REDDY ASS T NTREGISTRAR ,/TRUE COPY// SECTION OFFICER *Tr' ffiHgffi*ffiffi,-nrnil1--*'"ta",l To,

1. 2 3 4 5 e BM BS HIGH COURT CC TODAY DATED:28 t0Z12O2S ( ) o 1gE fAr€ 03 r\Aq [16 * t DESPAI ORDER WP.No.6069 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o