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, order, or direction, more particularly one in the nature of a writ of Mandamus, declaring the action of the respondents more pa(icularly respondent No. 2 herein in issuing the impugned Refusal letter dated 2910312025 vide Letter No. OBJ/I049034104125 calling upon the petitionbr herein to submit acquittal orders in crime no. 14512021, Abdullapurmet P.S. followed by C.C. No. 44912021 on the file of Honourable Junior Civil Judge-cum-Xlv Addl. Metropolitan Magistrate at Hayathnagar or obtain permission to depart from lndia from the Trial Court to process petitioner passport application for reissue vide File No HY1075478790923 Dated.1610612023, as illegal arbitrary in violation of the Article 14,21 and 3004 of Constitution of lndia besides in violation of the principles of natural justice and to consequently set aside the impugned Refusal letter vide Letter No. OBJ/1049034104125 dated 2910312025 passed by the respondent No.2 including the direction to the respondent No.2 herein to forthwith issue renewed passport to the petitioner in furtherance to application vide File No. HY1075478790923 Dated.1610612023 lA NO: 1 OF 2025 Petition under Section 15'l CpC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court mdy be pleased to set aside the impugned Refusal letter vide Letter No. oBJ/ 10490341o4t25 dated 29.03.2025 passed by the respondent No.2 including the direction to the respondent No. 2 he'ein to forthwith issue renewed passport to the petitioner in furtherance to application vide File No. HY1075478790923 Dated.16.06.2023 pending disposal of the Writ Petition Counsel for the Petitioner: SRl. GURRAM VENKAT RAMANA Counsel for the Respondents: Ms. N.V.R RAJYA LAKSHMI The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.11258 of 2O25 ORDER: Heard learned counsel for the petitioner and Ms.N.V.R.Raiya Lakshmi, Icarncd 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 declare the action of the respondents more particularly resporulent No.2 lerein in issuing the impugned Refusal letter dated 29.03.2025 oide Letter No.OBl/10a903410425 calling upon the petitioner herein to submit acquittal orders in cime no.145/2.021, Abdullagtrnrct P.S follotoed by C.C No.U9p.021 on the fle of Honourahle lunior Ciztil ludge-cum-XlV Addl. Metropolitan Mngistrnte at Hayathnagar or obtain permission to depart from Indin from tlrc Trial Court to process petitioner passport applicalion for reissue aide File No.HY1075478790923 Dated 76.06.2023, as iLlegnl, arbitrary, in aiolation of the Articb 14, 21 and 300A of Constitution of India besides in aiolation of the principles of nntural jttstice and to consequently set aside the impugned Refusal letter ttide Lctter No.OBl/104903410425 dnted 29.03.2025 passed by tlrc responrlent No.2 including the direction to thz respondent No.2 herein to forthtoith issue reneued passport to the petitioner in furthtrance to applicntion aide FiIe No.HY1075478790923 Doted 16.06.2023."

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.10352 of 2025 dated 07.04.2025 and the operative portion of the said ordcr is as follows " 5. Hauing considered the submissions made bg tLrc learned counsel on either side and u.tith their consent, this turit petition is dtsposed of taith tLrc following conditions: ) (i) The petitioner shctll submit an undertaking along u-tith an afJidauit be-fore the X Additional Distict ancl Sessions judge, L.B.,\agar, in S.C. No.714 of 2O24, statirtrl that the petitioner u.,ill not leaue India duing pendencg o1F the said S.C. tuithou I pennission of the Court and the petitioner utill cooperate u.'ith the Tial Court in concluding tltet ciminal proceedings. (ii) The Tnal Court shall issue a certified copy of the undertakin.cl along tt-tith an affidauit tltithin Tuo (2) ueeks from the date of Jiting of the undertaking. (iii) The petitioner shall submit tte certiJied copg of the aforesaid u tclerlaking along uith the reply/ explanotion before the concerned Passport Officer for consitleration of his applicarion for renewal of passport. (iu) The Passport Authoity shall consider th'e doatments in the tight of the obseruation-s made by the Court a:s uell as the undefl.oking and other doanments filed by the petitioner. 'fhe petitioner shall also be at liberty to rely on the decisiort s in this regard. fu) The Passport authoitg is directed to reneta the passport of the petitioner uithout raising the objection relaling to the pendencg of the criminal proceedings before tle Tial Court. (ui) The petitioner shall deposit tLe original possport before the X Add itionol Distict and Sessions Judge, L.B.Nogar, in S.C. No.71a of 2O24 after reneutol of the passport (uii) The petitioner shall be at tiberty to file an application before the X Additionot District and Sessiorts judge' L.B.Nagar, in S.C. No.714 of 2024, seeking pennission to trauel outsid.e India. The X Additional Distict and Sessions Jud.ge, L.B-Nagor, shall consider the same in occordance roith lanu. Accordingly, this urit petition is disposed of' There

6. shoLl be no r.trder as fo cosrs. "

4. Learned counsel for thc petitioner Pray this Cottrt to pass similar / ::3::

5. Learned Standing counsel appearing on behatf of respondent Nos.1 and 2 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 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. Thc directions are as follows: (0 (ii) (iii) (i") The petitioner shall submit an undertaking along with an affidavit before the Junior Civil Judge-cum-XlV Addt. Metropolitan Magistrate at Hayathnagar, in C.C. No.rt49 of 2021, stating that the petitioner will not leave India during pendency of the said C.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. The Trial Court shall issue a certified copy of the undertaking along with an affidavit within Two (2) weeks from the date of filing of the undertaking. 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 renewal of passport. 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 filed by the petitioner. I t ' zozo crt.L.t. 1sc) szz (") (ui) (vii) iz4ir The petitioner shall also be at liberty to re'l'y on the decisions in this rega rd. ' re Passport authoritv is clirccted to rcne'r^' the passport of the petitioncr without raising the obiection relating to.the pendencv of thc criminal proceedings bef,rlc the Trial Court. Tl-Le petitioncr shall c{eposit the original l)assPort before the Junior Civil Judge-cum-XlV Addl. Metrop,olitan Magistrate at Hayathnagar, in C.C. No.449 of 2027 after renewal o[ the passport. The pctitioncr shall bc at libertl' to file an application before the Junior Civil Judge-cum-XIV Atltll. Metropolitan N'[agistrate at l{ayathnagar, in C-C. No.4'l() of 2021, seeking permission to travel outsidc lr-rdia. The Iunior Civil Judge- cum-XlV Acldl. Mctropolitan Magistrat,r at Hayathnagar, shall consider the same in accordance with [aw.

7. Recording the above said submission, writ petition disposed of, accordingly. Miscellaneous petitions, pending, if any, shall stancl closed. However, there shall be no order as to c()sts. //TRUE COPYII SD/-A. SRINIVASA REDDY ASSISTANT REGISTRAR - /__ SECTION OFFICER To, Kummarguda, Secunderabad - 500 003 ion of lndia, Rept. by its Secretary Ministry of External Affairs, New Delhi, 1 Un 2. The Regional P_assport Officer, Hyderabad D.No.B-2-215 ta 21g, 3. One CC to SRt. GURRAM VENKAT RAMANA, Advocate tOpUCl 4. One CC to Ms. N.V.R RAJYA LAKSHMt, Advocate tOpUC] 5. Two CD Copies M B LS *f/ HIGH COURT I i DATE D : 1 510412025 ORDER WP.No.11258 ol 2025 -( r\-c SfAl ( q c 2 3 APt 2025 7 i I )l: i-.r/1i(l .e€O a DISPOSING OF THE WRIT PETITION WITHOUT COSTS /I