The High Court · 2025
Case Details
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Petition under Article 226 ol 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 Writ of Mandamus declaring the action of Respondent No.2 in not renewing Petitioner's Passport bearing No. W6158324 pursuant to application vide File No, HY1075457775523 dated 12-06-2023 on the ground of pending criminal proceedings bearing C.C. No. 1417 of 2020 on the flle of the the Hl Addl, Junior Civil Judge-cum-lll Addl. Judicial Magistrate of First Class, Hanumakonda, as illegal, unjust, arbitrary, and contrary to provisions of the Passports Act, 1967 and consequently direct the Respondent No.2 to renew Petitioner's passporl bearing No. W6'158324 on the basis of the application bearing File No HY1075457775523 dated 12-06-2023 for a period of 10 years without any reference to the said Criminal proceedings bearing C.C. No. 1417 of 2020. I Y IANO:1OF2 025 Petition under section i 5i cpc praying that in the circumstances stated in the atfidavit filed in support of the petition, the High court may be pleased to direct the Respondent No.2 to consider the petitioner's apprication vide HY1075457775523 dated 12-06-2023 for renewal of petitioner,s passport bearing No. w6158324 for a period of ro years without any reference to criminar proceedings bearrng c c No 1417 0r 2020 0n the fire of the ilr Addr Junior civir Judge-cum-lll Addl. Judiciar tVtagistrate of First class, Hanumakonda, pending disposal of the main writ petition. Counsel for the Petitioner : SRt NADIPALLY ANANDA RAO counserrortheRespon'"'"'it'i:il#"i-tft*ll'*uMAR' The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8617 of 2025 ORDER: Heard learned counsel for the petitioner and Ms.NVR Rajya lakshmi, learned standing coursel 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:- 'jo.declare_the action of Respondent No.2 in not renetuing Petitioners Passport bearing No.W6158324 pursunnt to applicatioi aide File No.HY1075457775523 dnted 12.06.2023 on the ground of p-endin-g ciminal proceedings beaing C.C No.1417 of 2020 on tlu fb of the lll Ad.dt. lunior Cioil ludge-atmJil Addt. ludiriot Magistratu of First Class, Hanumakondn as illegal, unjust, arbitrnry and contrary to prooisions of the passpoits Act, 1961 and consequently direct the Respondent No.2 to reneto petitioners passport beaing N0.W6158324 on the basis of the npplication beaing File No.HY1075457175523 dated 12.06.2bn for n penod of lO ryars _wjlhout any reference to the said Criminal proceedings beaing C.C No.1417 of 2020."
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.7450 of 2025 d,ated,71.03.2025 and the operative portion of the said order is as follows: . "5. Accordingly, this utrit petition is disposed, of with a direction to respondent No.3 to consid.er the case of the petitiorler and take steps for release of tlte qTssOort in due compliance of the Jindings of the Hon'ble Supreme Court in the case of Vangala frasturl :?e:e' ia2.i 'XXt Rangacharyalu o: Central Bureau of Inuestlgationt. The d.irections ar. a, 1oUo,I,", (t) .The respondent No.3 "iott it.rLr. th.e petitioner's passport u_ritltin -2 tueeks V:o^ tn d.ate of ry1eipt of a copy of this order. RespJnclent- No.3 shqu inform the petitioner of the time 'ani -pioc" yo, tn releas<: of passport. 1ii) The petitioner shall submit an und.ertaking *?:S- *!? an afftdauit before the t orn"i- C^hyf Metropotitan Magistrate, S.i"i"roma in ! C No 1329 of 2022 stating tnai tne piriii""", will not leaue India during pend\ncg of ttte C.C. u_,ithout pennission of the Court and tni peiitioner w,ill cooperate with the Tnal Court in conclud.ing tie criminat proceetlings. (iii) Tl'Le Tnal Court 3hlll zssze a certifi.ed. copg of the unde-rtaking and. affidauit u.tithin 2 *,.Ji" Jrom the date of fiting of the undirtaking. (ut) The petitioner shail submit the ce,rtifted copg of the ctforesaid und_ertaking along 'wtth ,,:1,, ! ^": !, : : a t_i.o n b e{o r he ci n c e rne d b a s s p o rt offi c e r Jor constderation of his apptication for passport. (u) The respondent No.3 shall be at libertg of taking steps on breach of tle und.ertaking. (ui) The passport Authoritg shail consider the , 1"^r:::,: in,,the t.ight of the obsJruatiii" by the Loufts as tueLl as the undertaking and other d_ocuients filed by the petitioner. The petiion , ZIso be at libertg to rely on the d.eciions in tnii ,"qard. The petitioner shall be at libertg to file an appticaiion before the leamed XXil Ad.d7 Uet opoliiin -'Magistrate, Secunderabad seekinq permissioi to trauil outsid e India. Ttrc learned xin'eaat u.,t-p,itiin'"iiagistrate, Secunderabad, shall consid.er the sami i.n ic*rd.an utith laut -releaiZ ^.aa" "noll 9 .t "
6. Recording the aboue said. petition rs dlsposed of, accord inglg. ,, submission, urit ' 2020 c.t.L.t. 1sc) srt 4 Learned counsel for the petitioner pray this Court to pass similar order ::3:: as passed in W.P.No.7450 of 2025 dated 17.03.2025
5. Learned Standing counsel appearing on behalf of respondents reported no objection in passing similar orderS
6. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioner and take steps for releasc 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 Investigation2. The directions are as follows: (i) The respondent authorities shall release the petitioner's Passport within 3 weeks from the date of receipt of a copy of this order. Respondents shall inform the petitioner of the time and place for the release of Passport. (ii) The petitioner shall submit an undertaking along with an affidavit before the III Addl. Junior Civil Judge-cum-lll Addl. Judicial Magistrate of First Class, Hanumakonda, stating that the petitioner will not leave India during pendency of the C.C No.1417 of 2020, without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the 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. 'zozo crl.L.l. 1sc; szz I I I I , \ :,42i (iv) Thr: petrtioner shall submit the certified copy of the aforesairl undertaking along with the reply/ explanation before the conccrned Passport Officer for consideration of his application for release of passport. (v) The lcspondcnt authorities shall be at liberty of taking steps on brear h of thc undertaking. (vi) Thc Passport Authority shall consider the documents in the tight of thc observations made by the Courts as well as the undertaking antl other documents filed by the petitioner. The petitiont,r shall also be at liberty to rely on the dccisions in this regard. T'he petitioner shall be at liberty to file an application before tlre III Addl. Junior Civil Judge-cum-Ill Addl. Judicial Magistratc of First Class, Hanumakonda seeking permission to travel ou tside India. The learned III Addl. Junior Civil Judge- curn-lll '\ddl. Judicral Magistrate of First Class, llanumakonda Court, slrall consider the same in accordance with law.
7. Recorc{ing the above said submission, writ petition 1S disposed of, accordingly Miscellarroous petitions, pending, if any, shall stancl closed. However, there shall be no ordcr as to costs To, //TRUE COPY// SD/-P. PAOMANABHA REDDY REGISTRAR 0"#ON OFFICER l.ThePrrncipatsecretary,MinistryofExternalAffairs,southblocks,Secretariat, Union of lndia Raisrna Hill. New Delhi, lndla' 2. The Reoionar t,asspoi oiii""i,-o7o. th'e Regional Passport office, 73, Red - Cross n"oaO, Shrvaji Naqar, Secunderabad' Telanoana' 3 one cc to sRt runorp"ntVxrixr.ron-neb-Aav9"c1te,, tpeu^!l-^,-, ^.,^,,^ 4 one cc to sRt cADt'pR;VEEit kuunn, (Depgty soliiitor General of lndia), - Hil 6irrt io, t,e Strte of Tel'ngana at Hyderabad [OPUC] 5- Two CD CoPies BSK BS w a.+. :;li t I HIGH COURT DATED:21 10312025 ORDER WP.No.8617 ot 2025 ( -'--_a:-- t1] g S I -- t-U 2 j rlAR 20?5 q o z o t o !. aj ),1. f C *e9 t DISPOSING OF THE WRIT PETITION WTHOUT COSTS