High Court · 2025

Sri Bandi Gopal Yadav,' S/o B.Lakshmaiah Yadav, Aged. 35 Business, H.irlo. R/o. 22-22111A, lndira Reddy Colony, Shamshabad, Cyberabad, Ranga Reddy District, TS 50'1218. yrs, Occ. Rallaguda, AND 1 2 Union of lndia, Rep by its principal secretary, Ministry.of External Affairs' CTV Oiri.ion, TV1 Section, Patiala Hbuse, Goveinment of lndia' New Delhi.lndia' Reoional Passport Office, D.No. 8'2-215 to 219, Near Prashant Theatre, Kuft marguda, Secunderabad, Telangana ...PETITIONER ...RESPONDENTS 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 a writ of mandamus declaring the action of 2nd Respondent in rejecting the petitioner,s passport applicatiop vide proceedings HY3067180904724, dated 06- 01-2025 as illegal, arbitrary and without jurisdiction and to consequently direct the Respondents to forthwith issue the passport to the petitioner made vide File No. HY3067'180904724, dated. 06.122024 for a period of 10 years, under section .10 of Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in c.c.No.309 of 2016, through crime No. 32512012, on the file of the Honble Principal Junior civil Judge-cum Metropolitan fVtagistrate, Ranga Reddy District, cyberabad, and in crime No. 39 of 2024 of RGIA Police station, and also the Gazette Notification issued by the central Government vide GSR No 570(E) dated 25 8.1993. 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 issue directions to the Respondents to forth\4iith issue the passport to the petitioner made vide File No. Hy3067180904224, dated 06.12.2024 for a period of '10 years, under Section 10 of passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the crim-inal proceedings pending against the petitioner in c c.No.309 ot 2o16, through crime No. 32512012, on the file of the Honble Principal Junior civil Judge-cum Metropolitan Magistrate, Ranga Reddy District, cyberabad, and rn crime No. 39 of 2024 of RG|A police station, and also the Gazette Notification issued by the central Government vide GSR No 570(E) dated 25.8.1993. Counsel for the Petitioner: SRI S.VIpLAV SIMHA REDDY Counsel for the Respondents: Ms. N.V.R.RAJYA LAKSHMI, REp. FOR SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.9952 of 2025 ORDER: Questioning the action of the respondent No.2, Regional Passport Oflicer, in re.;ecting the petitioner's passport application uide proceedings HY3067 1AO9O4724 dated 06.O1.2025 as illegal and arbitrary and without jurisdiction and to consequently direct respondents to forthwith issue the passport to the petitioner mad.e uid,e File No.HY3O67 lBOgO4724 dated O6.L2.2O24 for a period of 1O years under Section 10 of Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in C.C.No.3O9 of 2016 through Cr.No.325 l2Ol2 on the file of Hon'ble Principal Junior Civil Judge - cum -' Metropolitan Magistrate, Ranga Reddy District, Cyberabad and in Cr.No.39 of 2024 on the file of RGIA Police Station, the present writ petition is liled.

2. It is the case of the petitioner that petitioner has filed application for passport uide File No.HY306718O9O4724 on

05.12.2024. In the said application petitioner has mentioned all the details of pending cases again.st him. The said application 2 was pending before respondent No.2 and accordingly on 06.12.2024 petitioner approached respondent No.2 and it is informed to the petitioner that his application was pending and passport carlnot be issued ti11 the linalization of the criminal proceedings.

3. Today when the matter is taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has disposed of W.p.No.34165 of 2024 dated 05.12 .2024 by imposing certain conditions.

4. Learned counsel for the petitioner pray this Court to pass simiiar order

5. Ms.N.V.R.Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen Kumar, Deputy Solicitor General of India appearing on behalf of respondents reported no objection in passing similar orders.

6. Having considered the submissions made by the iearned counsel on either side and with their consent, this writ petition is disposed of u,ith the following conditions: (i) (ii) (iii) (i") (u) 3 The petitioner shall submit an undertal<ing along with arr affidavit before the Principal Junior Civil Judge - cum - Metropolitan Magistrate, Ranga Reddy District, Cyberabad, in Cr.No.325 of 2Ol2 and before RGIA Police Station in Cr.No.39 of 2024 stating that the petitioner wilL not leave India during pendency of the said cases without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. The Trial Court sha,ll issue a certified copy of the undertaking along with an affidavit within tu,o (2) weeks from the date of filing of the undertaking. The petitioner shall submit the certified copy of the aforesaid undertaking along with reply/explanation before the concerned Passport Officer for consideration of his application for issuance passport. The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking ald other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The Passport authority is directed to issue the passport of the petitioner without raising the objection relating to the pen<iency of the criminal proceedings before the Trial Court. t { 4 r:: (vi) (vii) The petitioner shall deposit the original passport before the Principal Junior Civil Judge - cum _ Metropolitan Magistrate, Rarga Reddy District, Cyberabad, in Cr.No.325 of 2Ol2 after issuance of the passport. The petitioner shall be at . liberty to lile an application before the Principal Junior Civil Judge - cum - Metropolitan Magistrate, Ranga Reddy District, Cyberabad, seeking permission to travel outside India. The Principal Junior Civil Judge _ cum - Metropolitan Magistrate, Ranga Reddy District, Cyberabad, shall consider the same in accordalce with 1aw. l I To,

7. Accordingly, this writ petition is clisposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/.T. TIRUMALA DEVI REGISTRAR SECTION OFFICER '1. The Principal Junior Civil Judge-cum-lvletropolitan [\/agistrate, Ranga Reddy District. Cyberabad.

2. The Principal Secretary, Ministry of External Affairs, CTV.Division,. TV1 Section, Pdtiala House, Governm6nt of lndia, New Delhi, lndia, Union of lndia. 3. The Regional Passport Office, D.No. 8-2-215 to 219' Near Prashant Theatre, Kummarguda, Secunderabad, Telangana.

4. One CC to SRI S.VIPLAV SIMHA REDDY, Advocate [OPUC] 5. ONE CC tO SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENEML OF lNDlA, High Court for the State of Telangana at Hyderabad IOPUQ]

6. Two CD CoPies BSR I I HIGH COURT DATED: 1 610412025 \ I ORDER WP.No.9962 of 2025 ir- 1 dE S14 14. I 2 I APn 2025 ( 2 C) L + .A ''-arC sv-1 DISPOSING OF THE WRIT PETITION' WITHOUT COSTS ,l