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, qrder or dirgction, rngre pprticylarly one ir] the nature of Writ of Mandamug,.declgling the gction g{ 3rd respcndent in impoun(ing the -No.4a031210 of ttrg pgtitioner vide l-etter REF Passpgrt bearing No.lMP/320575275125 daled 24 01 2Q25 is totally arbilrary, irregular and against Articleg 14, 19 and 21 of the Constitution of lndia and direct the Q'! 1 respondspt to release the impounded Passport by setting aside the impugned letter. 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 3rd respondent to release the impounded Passport bearing No.24031210 of the petitioner, pending disposal of the Writ Petition. -7 Counsel for the Petitioner : SRI P.RAVI SHANKER c o u n se I f o r th e Res po n d e n ts : 35,rtx. I J_=r"#J H A cH A R Y, The Court m4de the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.9550 of 2025 ORDER Heard Sri P.Ravi Shankar, learned counsel for the petitioner and Sri K.V.V Vedantha Chary, learned Standing Counsel appearing for the respondents. With their consent, this writ petition is taken up for disposal.

2. The present writ petition is filed to declare the action of respondent No'3 in impounding the passport of the. petitioner bearing No.Z4O3l210 issued on 09'03 2017 on the ground of pendency of criminal case in C'C'No'988 of 2017 pending on the file of III Court of Judicial Magistrate, Tiruppur uide Lr.Ref No.lMP/320575275125, dated

24.O1.2025 as illegal and arbitrarl' and consequently direct respondent No.3 to release the impounded passport by setting aside the impugned letter issued by respondent No.3.

3. Brief facts as stated are that the petitioner is a Software Professional doing consultancy business and for the purpose of his business, has to travel several countries' In this regard, the petitioner had applied for Passport and 2 got issued Passport. Further case is that after exhausting earlier Passport, petitioner applied for new passport and same was issued by vide Passport bearing No.Z4O3l2lO,

09.o3.20t7 .

4. Learned counsel for petitioner would submit that due to some business rivalry, a criminal case vide C.C.No.988 of 2Ol7 was filed against the petitioner before the Court of Tiruppur, Chennai and that the petitioner was granted bail and the case is pending in C.C.No.9S8 of 2017, on the file of III Judicial Magistrate, Tiruppur. Later a show cause notice dated 12.O4 .2013 was issued directing to the petitioner show cause why the Passport cannot be impounded. Thereafter, petitioner submitted reply on t9.o4.2023

5. It is further submitted that petitioner's son i.e., Haneesh Duwada, aged about 14 years is a chronic patient by birth suffering from severe congenital problem which requires prolonged treatment as such petitioner took him to Milano, Italy during November, 2023 till 13.03.2025 for prolonged treatment. It is further submitted that respondent No.3 issued impugned letter bearing 3 No.lMP32057 527 5 / 25, dated 24.01.2025 relevant portion is extracted as under: "....1t has been decided to [mpound the passport bearing No.Z4O3121O tssued on dqte 09.03.2017 to Shi/ Smt. Kumqi RAJESH KUMAR DUWADA S/o, D/o. W/o., C/o. APPARAO D{IWADA under Section 10(3) (e) "Crirninal case is pending before the Court" Your are therefore, requested to submit the Passport b thts Passport Office uith immediqte efJect, it not alreadg done...."

6. Thereafter, petitioner made a representation on

19.04.2023 through his counsel and requested time to surrender the Passport and respondent No.3 vide latter No.HyD/30/POL/PCC/7t 12023, dated 17.O2.2025 15.04.2025 extended time till I5.O4.2O25 for surrender of Passport.

7. It is further submitted that after completion of medical treatment of petitioner's son, when they arrived back to India, the Immigration Officer, Hyderabad seized the petitioner Passport and issued acknowledgement dated

15.03.2025. Later, the petitioner approached respondent No.3 seeking return of the Passport but the same was not returned on the ground of pendency of criminal case Questioning the impounding of the petitioner Passport by respondent No.3, the present writ petition is filed 4

8. Today when the matter is taken up for hearing, learned standing counsel for appearing for the respondents placed copy of the instructions issued by the Deputy Passport Oflicer, Hyderabad, dated 27.O3.2025 which is records as follows: c The petitioner was issued a passport No. Z- 4O3121O dated 09.03.2017 in continuation of his preuious passport No.L-7096946. . This office has receiued a priuate complaint along tuith Court Certified copA of CC No.3O/2012, under Section 406 and 420 IPC registered at Central Cime Brancl4 Tiruppur. . The petitioner tuas issued a Shau.) Cause Notice dated 12.04.2023 bg this offi"ce asking him to furntsh his explanation and ltis details u.tere updated in the Policy Data. o Vide his replg the petitioner admitte.d that ciminaL case ls pending and it utas filetd due to business riualry and it is a false case and foisted against hiln. He further stated that the case is still pendtng. c Since C.C.No.9BB of 2017 on the Court of Judicial Magistrate III, Tiruppur utas still pending and the passport was not surendered bg the petitioner- this office uide a detailed No.Had/30/POL/PCC/712023, dated 20.01.2025 impounded the passport of the petitioner under Section 10(3)(e) o.f the Passports Act.

4. Howeuer, this office can restore his passport seruices, if the petitioner submits either acquittal order from the aboue case or obtains permission to depart from India trauel abroad from the same Hon'bLe Court where the criminal case is still pending as per the prouisions outlined in the Ministry of ) External Affairs, Gazette Notification tssued uide 570(E), dated 25.08.1993, ulhich is reiterated by the Ministry of External Affairs Memorandum No.VI/ 405/ 04/ OB/ 2024, dqted 06. 12.2024. Office

9. Learned counsel for the petitioner submits that petitioner wouid obtain permission from the concerned Court whenever he travels for his business purpose, during pendency of trail proceedings and pray this Court to release lhe passport.

10. Learned Standing Counsel appearing for for the respondent No.3 did not dispute the same and submits to pass appropriate orders. 1 I . Recording the above submissions, this writ petition is disposed of with a direction to respondent No.3 to consider the case of the petitioner ald take steps for release of the passport in due compliance of the findings of the Hon'ble Supreme Court in the case of Vangala Kasturi Rangacharyulu a. Central Bureau o;f Inaestigationl. The directions are as follows: (i) The petitioner shall approach and submit an undertaking along with an affidavit before the Court of the III Judicial Magistrate, ' zozo crl.r...t. lscy slz 6 --'--'1 Tiruppur in C.C.No.9gB of 20IZ stating that the petitioner will not leave India during pendency of the C.C. without permission of the Court and the petitioner w.ill cooperate with the Trial Court in concluding the criminal proceedings. (ii) The 'lriai Court shall issue a certified copy of the undertaking ancl 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 wth the reply/explanation before the concerned Passport Officer lor consideration of release of passport. (iv) The passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documents liled by the petitioner. The petitioner shall also be at iiberty to rely on the decisions in this regard. (v) The petitioner upon complying conditions (i) to (iv), the passport Authoritv is directed to release the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the trial Court. (vi) The petitioner shall deposit the ortginal passport belore Court of the III Judicial Magistrate, Tiruppur, 1n C.C.No.988 of 2OI7 7 1 (Crime No.3O of 2OI2\' after release of the passport. (vii) The petitioner shall be at liberty to file an application before Court of the III Judicial Magistrate, Tiruppur, in C'C'No'988 of 2Ol7 seeking permission to travel outside India' The III Judicial Magistrate, Tiruppur, shall consider the same in accordance with law'

12. Recording the above said submission' writ petition is disposed of, accordingly' Miscelianeous petitions, pending, if any' shall stand closed. However, there shall be no order as to costs' //TRUE COPY// ,r?'..i;Yt#'e ,!t+[ik SECTION OFFICER To, I . The Ministry of External Affairs' Union of lndia, South Block, New Delhi 2 The Chief Passp ort Officer, Joint Secretary (PSP) CPO' PSP Q ivision, Ministry of Extern al Affairs, PatiY ala House, Tilak M?r9' New Delhi 3 The Reg ional-PasqP ort Officer, Jelangana, Hlderabad, D'No 8-2-215 to 219' RAVI SHANKER, 46Yseate toPUCl V V VEDANTHA CHARY, SC fOT CC ntral Government 110 001 4 Kummarg uda, Secunderabad One CQ to SRI P One CC to 9Bl K toPUCI Two CD Copies' R 6 BSK BS 1 I I or tEt-q & '7 ^l C) s v t,_' :I HIGH COURT DATE D : 0 310412025 ORDER WP.No.9550 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS