The High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, ifre High Court may be pleased to suspend the operation of the letter No.HY1075252348323 dated 27-2-2024 issued by the 2nd respondent pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI RAMAKRISHNA K Counsel for the Respondents: SRI GADI PRAVEEN KUMAR DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER: W.P. No.11 927 of2o25 This.writ petition is filed seeking to declare the action of the respondent No.2, Regional Passport Officer, i4 issuing impugned letter No. HY 1075252348323 dated 27.O2.2O24, as illegal and arbirrary and consequently to direct the respondent No.2 to consider the application of the petitioner for issuance of passport to the petitioner as per law.

2. It appears from the said impugned order dated 2T .O2.2O24 , the petitioner made an application vide File No.Hy 1O7525 2349923 dated 1 1 .O4.2023 seeking for renewal o[ his passport and corrsidering the same, the respondent No.2 has passed impugned refusal order dated 27.02.2024 wherein and i.vhereby the petitioner u,as informed that in view of pending Criminal proceedings in Crime No.345 of 2O2l vide C.C. No.4 10 of 2022 before the XI ACMM Court, Secunderabad and the office can reconsider the petitioner,s application, if the petitioner submits acquittal orders or obtain permission to travel abroad from the- same Court where the criminal case is still pending.

3. It is submitted by the learned counsel Sri Ramakrishna appearing for the petitioner that the petitioner is engaged in various business and was holding a valid passport No.L99BO2O6 issued on 07.O7.2O14 and was valid till O8.O7.2024. Thereafter, the petitioner applied for renewal on I | .O4 .2023 since the earlier passport was 2 w P No 11927 of2O2a explrrng on 08.O7.2024. Prior to that also the petitioner was holding passport No.H3679937 issued on 30.04.2009.

4. The learned counsel lurther submitted that the petitioner in the course of business acquired interest in a proper[z at Begumpet, Hyderabad and one person by name Naidu prakash hled a complaint Crime No.345 of 2O2l which was taken on hle and C.C. No.41O of 2022 is pending on the file of the XI ACMM Court Secunderabad. The petitioner is defending the said criminal case on the ground that it is a false and frivolous case liled by a third party to blackmail the petitioner and his company.

5. It is further submitted that this Court, taking into consideration the principle laid down by the Hon'ble Supreme Court in Vangala kasturi Rangachar5rulu Vs. Central Bureau of Investigationl, disposed of several writ petitions with certain conditions and sought to pass similar order.

6. On the other hand, the learned Standing Counsel appearing for the respondents does not dispute the same.

7. Having considered the submissions made by the learned counsel on either side and with their consent, this writ petition is disposed of with the following conditions: ' 2o2o crt.L.t. 1sc1 s'tz a (r) (ii) (iii) (i") (v) (vi) (vii) 3 NVSK, J w.P No.I1927 0r 2025 The petitioner shall submit an undertaking along with an affidavit before the XI ACMM, Secunderabad, in C.C. No.410 ot2022 (Crime No.345 of 2O2t), 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 'iryith the Trial Court in concluding the cnminaI proceedings. The Trial Court shall issue a certified copy of the undertaking along with an afhdavit 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 Ofhcer lor 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 hled by the petitioner. The petitioner shall also be at iibertv to rely on the decisions in this regard. ( I The Passport authority is directed to renew the passport of the petitioner without raising the objection re.lating to the pendency of the criminal proceedings before the Trial Court. The petitioner shall deposit the original passport before the XI ACMM, Secunderabad, in C.C. No.41O ol 2022 (Crime No.345 of 2O2l), after renewal of the passport. The petitioner shall be at liberty to file an application before the XI ACMM, Secunderabad, in C.C. No.4tO of 4 NVS(, J W P N. 11027.f2O25 2022 (Crime No.345 of 2O2ll, seeking permission to travel outside India. The XI ACMM, Secunderabad, shall consider the same in accordance with law. '1

8. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pendrng, shall stand closed. //TRUE COPY// SD/. P. PADMANABHA REDDY DEPUW REGISTRAR CTION OFFICER TheSecretarytoGovernmentMinistryofExternalAffairs'TheUnionoflndia' New Delhi. i;""ioii6'"rr Passport officer, Regional Passport office' D'No'822151o 219' Prashait Theatre, Kummarguda, Secundera-b-ad '- - ij;'cCi.; 5;-namar<risnni K, Advocate [oPUCl il; CC io sti erti Prrr""n k,,at' Two CD CoPies Solicitor General of lndia OPUCI -o"p'tv To, 1 2 3 4 5 TJ GJP s HIGH COURT DATED:2410412025 ORDER WP.No.11927 ot 2025 t+ J o ( t 1*E STar 02 nN M I z a D5spate.H Eo t DISPOSING OF THE WRIT PETITION WITHOUT COSTS Q)qo W, €