High Court · 2025

Petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of wRlr oF MANDAMUS against the 2nd respondent in refusing passport services to the petitioner vide its order dated 21-02-2025, in his passport application No. HY1077429868i2s on account of pendency of a criminal case vide Cr. No. 138 ot2011, and later police filed charge sheet vide S.C. No. 176 of 20'13, and same is still pending before the Hon'ble Senior civil Judge, Vikarabad court, as the same is illegal arbitrary and violative of Article 14, 1g and 21 of the constitution of lndia and the against the principles of natural justice and consequently set aside the order dated 21-02-2025 issued in respect of the passport application No. HY 1077 429868'125 and direct the 2nd Respondent to issue fresh passport to the petitroner for a period of .10 years lA NO: 1 OF 2025 Petition under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pass an interim direction to the 2nd respondent to renew the petitioner passport vide application HY1077429868125, dated 21-02_2025, for a period of .10 years Counsel for the Petitioner: SRt. SYED JAWEED ABBAS NADEEM FOR SRI K.L.N. RAGHAVENDRA REDDY Counsel for the Respondents: SRI GADI PRAVEEN KUMAR Dy. SOLtctTOR GEN. OF tNDtA The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.7536 of 2025 ORDER: Heard learned counsel for the petitioner and Sri.K.L.N.Raghavendra Reddy, learned standing counsel appearing on behalf of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer:- "to declre the action of tlu 2"a respontlent in ret'using passport seruices to tle petitioner oide its order dated 2'1.02.2025, in his pnssport npplicntion No.HY1077429868125 on nccumt of pendency of n Criminal Case uide Cr.No.138 of 201.1, nnd lnter police filed charge sheet t;ide S,C No.176 of 2013, and same is still pending bafore the HonbLe Senior Cioil lttdge, Viknrobad Court as the sante is ilLegal, arbitrary and oiolatioe of Article 14, 19 and 21 of the Constitution of lndia and the agtinst the principles of naturnl justice and consequently sct aside the order dated 21.02.2025 issued itt respect of tlte passport application No.HY7077429868125 and dircct tlrc 2,1d Respondent to issue fresh passport to the petitioner for a peiod. of 10 years."

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has passed an order in W.P.No.34138 of 2024 dated 05.1,2.2024 and the operative portion of the said order is as follows: "5. ln aietrt of the abotte said submissions, this Court deems it appropriate to dispose of the zuit petition in terms of the order passed by this Court in W.P.No.2802 of 2024, dated 1.4.03.2024 subject to the follorLting conditions-

1. Tfu pefilioner shall submit nn underlaking, along uith nn at'fdaait in C.C.No.1367 of 2021 in tY fi\, of Jud.icial First Class Magistrrfte, Choutuppnl, Yadadri District, stating that he toilt I t ..1.. nol Lcaoe lntlin during pendency of thc saitl case trtlltotLl pernission of tlu Court and that he toill coopcrnte ruith tlrc Trial Court in concbLding the lti)irpdings tn tha said cnse. 2. l)n.ftlirrg of such nn undertttking as toell as nll'ithutt, the Trial Court slull issue a ce.rtif.ed copy oJ' llu: snmc to the petitioner ui thin a period of tzio (0)) rueeks therefront.

3. Ilrc pctitioner shnll submit certifed copy oJ the a.fo n'snid undertnking before the porrpor:t- OXir* for..tssunncc of his passport nntl the paiilrort O]licer shnll constder the applicatiot No 11YA076801766924 dated 31.07.2024 subttttted by the petitioner in accordance uith Lnttt, tt'tlltitt ttoo (02) zueeks fronr the tlnte of atbmission of sttclt unlcrtaking. 4. r\n issrtrtttct of passport, tha petitioner shalL dalnsit tlut sanrc beforc the Trial Court in C.(',\Jo136/ o.f 2021 on the fle of ludicial First Chss Mngistrate, Choutuppal, yaritrdri District. Ho.L,euer, liberty is granted to the petitioner to f le an applicntiorr bet'ore tlrc Trial Court seeking pennission to trnocl abroatl and it is for the Triil Cottrl srtkittg pt,rtnission to lrnud abiond and it s .for llu' 'lrinl Oourt to considcr tlrc same in ncao rdtrn(c taith lnto.

6. Actordingly, this rurit petition is disposcd of. There shall be no ortfur ns to costs." Learned ( ounsel for the pctitioner pray this Cotrrt to pass similar Learned stancling counsel appearing on ber'rarf of respondent Nos.1

5. and 2 reported no object on in passing similar orders.

6. Accordinglv, this n'rit petition is disposed of with a direction to respondent auth.rities kr considcr the case of the petitioner and take steps for i I I ::3:: release of the passport in due compliance of the findings of the Hon'ble Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationl. The directions are as follows: (i) The respondent authorities shali release the petitioner's Passport within 3 weeks from the date of receipt of a copy of this order. Respondents shall inJorm the petitioner of the time and place for the release of Passport. (ii) The petitioner shall submit an undertaking along with an a{fidavit before the Senior Civil Judge, Vikarabad Court, in S.C.No.176 of 2073, stating that the petitioner will not leave India during pendency of the S.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding thc criminal proceedings. (iii) The Trial Court shall issue a certified copy of the undertaking and affidavit within 1 week from the date of filing of the undertaking. (iv) 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 release of passport. (v) The respondent authorities shall be at liberty of taking steps on breach of the undertaking. (vi) The Passport Authority shall consider the documents in the light of the obscrvations made by the Courts as well as the undertaking and other documents filed by the petitioner. The ' 2020 crl.L.J. (sc) 572 I I I I ii4:.. petitioner shall also be at liberty to rely on the decisions in this regarcl. I'hc petitioncr shall be at liberty to file an application before tlrc Senior Civil Judge, Vikarabad Court seeking permission to travcl outside India. The learned Senior Civil Judge, \zikarabat{ Court, shall consider the same in accorclance with lan,.

7. Recorcling tho abovc said submission, writ petition is disposed of, accordingly Misccllancous petitions, pending, if any, shall stand closecl. However, there shall be no order. as to costs //TRUE COPY// SD/-MOHD. ISMAIL qSTANT REGISTRAR S SECT{ON OFFICER Kummaguda Secunderabad-500003, T.S. Division, Ministry of External Affairs, New Delhi.

1. The Joint _Secretary, Union of lndia, PSP and Central passport Officer pSp 2. The Regional Passport Office, Hyderabad, D No. B-2-21Sto21rg, 3. One CC to SRI SYED JAWEED ABBAS NADEEM, Advocate tOpUCI 4. One CC to SRt GAD| PRAVEEN KUMAR ,Dy. SOLIC|TOR GEN. OF iNDtA 5. Two CD Copies loPUCl \ To, \ BM t I I I I I t CC TODAY I tgr{ -t o 131{[H 2m t o A PS C > I t HIGH COURT DATED:1 2103t2025 ORDER WP.No.7536 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS b a{