Katti Srinivas Reddy v. 1. Union of lndia

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No. 1O119 of 2o25 ORDER: Questioning the action of the respondent Nos.2 and 3 in not renewing the passport of the petitiorier pursuant to the application of the petitioner uide File No.HY2076147557524 on the ground that pending criminal proceedings against the petitioner AS illegal, arbitrary and consequently direct respondent Nos.2 and 3 to process thc application of petitioner for rerrewa-i of passport uide trile No.HY2076 147551524 by considering the representation of the petitioner, the present writ petition is filed

2. Referring to the facts stated in the urrit affidavit, the iearned counsel for the petitioner would submit that basing on a false complaint lodged by defacto complainant a case ln Cr.No.527 1202i for the ollence under Section 307 read with 34 IPC was registered against the petitioner on the fiie ol Principal District Judge, Ranga Reddy District. The Police conducted investigation and recorded the statements of all the witnesses and filed charge sheet and the same has been numbered as PRC No.I22l2O23, which is pending for adjudication. ThereaJter, 2 '! petitioner mzrcle al application on 29.O1.2O2.i to tl-ie Regional Passport Offir e. Hrrderabad i.e., respondcnt Nc..J for issuance of passport. l-ro,.,cvcr', respondent No.3 has not r'()commerrded the application ol the pe titioner and sought for cc rtain clarification uide let1er dated 22.O2.2025. Thercafter, petitioner liled Crl.M.P.No.3(r of 2025 before the concerned Court seeking directions to the concerr-red authorities for rettr:rval of passporl but the sam .' \\ as rejected uide order dated I 0.03.2025 b1' stating that rr'neu'a1 ol passport is not rvithin -hr: jurisdictior-r ol the said Cc,,rrt. Thereafter.

22.O3.2025, pctrtioner has addressed a clter to the Regional Passport Ctflicer seeking for reneu,al ,rf t] re passport without insisting or-r NOC from the Principal District Judge, Ranga Redd-v Distri,:t at L.B.Nagar u,here PRC Nr, 122 of '2023 is pending adjudication

3. Todar s.hen the matter is taken up for l-rearing, lcarned counsel for rhe petrtioner rvould submit that in similar circ umsterncc s,. lhis Court has disposed of W.P. \o.34165 of 2024 datcd 05.12.2i21 b1, imposing certain conditions

4. L,earn ecl counsel for the petitioner pral' this Court to pass simriar <:,r-der J

5. Ms.N.V.R.Raj1.a Lakshmi, learncd standing counscl for Mr.Gadi Praveen Kumar, Deputy Solicitor General of India appearing on behalf of respondents reported no obj ection 1n passing similar orders

6. Having considered the submissions made by the learned counsel on either side and wlth their consent, this writ petition is disposed of with the following conditions: (i) (ii) (iii) (iv) The petitioner shall submit an undertaking along r.r,ith an affidavit before the principal Sessions Judge, Ranga Reddy District in Cr.No.36 of 2O2S in PRC.No. 722 of 2023 stating that the petitioner will not leave India during pendency of the said cases q,ithout permission of the Court and the petitioner will cooperate n ith the Trial Court in concluding the criminal proceedings. The Trial Court shall issue a certified copy of the undertaking along u,ith an affidavit within two (2) weeks from the date of fiiing 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 lor renewal of passport. The Passport Authority shall consider the documents in the light of the observations made I I I I + (r') (ui) (r,ii) b. the Court as ',r'ell as the undertaking and othcr d()cLulents filed by the petitioner. The petitiotrer s1r all also be at liberty to re'ly on rhe decision s in t I r is rcgard . T rr: Passport authorlty is directed to rcnes' the p rssl)ort of the petitioner rr'ithor.tt raisirlg the c,;jcction relating to the pendencl' cf the crirninal p roccedings before the Trial Court. '1-l-rr: petitioner shall deposit the originai passport l>cforc the Principal Sessions Judilt', Ranga Reddv I)istrict after renewal of the passPort 'l l'rc petrtioner shall be at libr:r'tv to lilc an application before the Principal Sessions 'Judge, l.anga Reddy District seeking perrrissiou Lo lra\rc1 outsidc India. The Principal Sr:ssions 'Judge, Flanga Redd.v District, shali consider the same in i , c.rorcl ance u'ith lau'. Ac:cor<ling)v, thrs v,'rit petition is disposed of Thert: sha1l 6 be p9 Order aS tC) CoStS As aL ser uel. miscellaneous applications, Lf any pcr-rding' shall stan I clo sc'cl //rRUE coPY/, SD/.T.CHANORA SHEKAF REDDY ASSISTANT RE6ISTRAR ;;;;,N;;;,";; \ To, l.ThePrincipalSecretary,TheMinistryofExternalaffairs'SouthBlock'Union of lndia, New D€,lhi.

2. The Chief passprort Officer, Joint Secretary eS.P.a1d CPO PSP Division Minis - Hai"'i.l.v ot E;i;;;i anairs,'noom No 27, Patiala House' Tilak Marg' New Delhi. 7 *ryv

3. The Regignal Passport Officer, Regional passport Office, Telangana, D.No g- 2-215 lo 219, Kummariguda, Secunderabad.

4. One CC to M/S.MADHAVI PRIYA MANTENA, Advocate. tOpUCl 5. One CC to SRI GADI PRAVEEN KUMAR, (Deputy Solicitor Generat of tndia), High Court for the State of Telangana at Hyderabad. [OPUC]

6. Two CD Copies. BSK HIGH COURT DATED:1610412025 cc roDAY / a \-{E STAT t,.. ( J IL) iI2 APH 2UZ5 l l. {rp.;;,,. 1r r{\ \,; -i--.:.-.---i" + ORDER WP.No.10119 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I i I i I I I I I i I l i I L(