The High Court · 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 Respondent No.2 to reissue the Pass Port under File No. HYC074905435722 dt. 26-12-2022 without referring the criminal proceedings pending against the .._!1-;ls ,.{- -J1 17 petitioner in c.c r{n.592 t2021 at J.F.c.M. Miryaraguda, Nargonr:2 and arso the Gazette Notification issued by the centrar cou"inrEnt vide GSR r.{o s7o(E) dated 25.8.1993, pending drsposal of the Writ petition Counsel for the petitioner:SRt. R GOpl MOHAN 9:in::lfgt the Respondents: Ms. N.V.R RAJYA LAKSHMt SC REPRESENTTNG FOR SRI cADt pRAVEEN KUMAR O"prry Sof i"iiJ'cenerat of tnrlia The Court made the following: ORDER THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No. 123L4 of 2O25 ORDER: The present writ petition is filed to declare the action of respondent No.2 by directing the petitioner to submit the permission of the Court concerned to depart from India in terms of GSR 570(E) or acquittal order for further processing of letter Ref.No.OBJ/1049034110/25 dated 29'O3'2025 as illegal and. arbitrary and consequently direct respondent No 2 to application under reissue the passport under File No'HYCO749O5435722 dated.26.72.2022 for a period of 1O years without reference to the crimina,l proceedings pending against the petitioner in C.C.No.S92l2O2l at JFCM Miryalaguda, Nalgonda and also the Gazette Notification dated 25.O8' 1993'

2. It is the case of the petitioner that petitioner was holding a passport bearing No.G1885072 and the same got expired on 23.Ot.2O17. As such petitioner has made an application for reissuance of passport to respondent No'2 on 26.12.2022. Nter police verification, respondent No'2 addressed a letter to petitioner stating that a case in \ \ I I I ! I I I I : I I 1 2 |:- .]:l C.C.No.59212021 is pending before Judicial First Class Magistrate, Miryaiguda, Nalgonda District as s Llch the application of the petitioner is rejected. Th ereafter, petitioner flled W.P.No.75O 1 of 2025 before this Court and this Court disposed of the same direciing petit ioner to submit explalation to the rejection letter issued by responder:Lt No.2 and also directed respondent au lhorities to pass :rppropriate orders after considering the explanatior. Petitioner has submitted a le,tter of expianation on 20.03.2025, considering the same respondent ),1o.2 has passed the present impugnr'd order by rejecting the application of the petitioner ald advised to submit perrrLission of the Court concerned to dep;rrt from India. Cl-ra1lr:nging the same, the present '"r.rit pe -ition is fi1ed. 3 . To<lay when the matter is taken up for . rearing, learned cor-ritsel for the petitioner would submit that in similar circups12n6"", this Court has dispc,sed of W.P.No.341r>5 of 2024 dated 05.12.2024 by irnposing certain conclitions. l I I I I J

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

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

6. 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: (il (ii) The petitioner shall submit an undertaking along with an aflidavit before the JFCM, Miryalaguda, Nalgonda, in C.C.No.592 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 certihed copy of the undertaking along with an affidavit within Two (2) weeks from the date of frling of the undertaking. (iii) (iu) (") (vi) 4 The petitioner shall submit t he the aforesz'Lid certified copy of undertaking along with reply/ expianation before t he concerned Passport Officer lbr consideration of his application lbr renewal of passport. The Passport Authority shal1 consic:.er the documents in the light of t he observations made by the Court as weli as the undertaking and otl: er documents filed by the petitioner. The petjtioner.Slaall also be at liberty to r':Iy on the decisions in this regard. The Passport authority is directed to renew the passport of the petitiorer without raising the objection relati ng to the pendency of the crimir Lal proceedings before the Trial Court. The petitioner shall deposit the original passport before JFCM, Miryalaguda, Nalgonda, in C.C. No.5'12 of 2021, after renewal of the passport-. (vii) The petitioner shall be at liberty to lile an application before the JFC \4, 5 Miryalaguda, Nalgonda, in C'C. No.592 of 2021, seeking permission to travel The JFCM, outside India. Miryalaguda, Nalgonda, shall consider the same in accordance with law.

7. Recording the above said submission, writ petition is disposed of, accordingly. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. //TRUE COPY// SD/-K. SREE RAMA MURTHY EPUTY REGIS SECTION OFFICER

1. The Secretary Union of lndia, Ministry of External A a irs, New Delhi. 2. The Regional Passport Officer, Regional Passport Office, Hyderabad At D.No.8-2-2l5to2l9,Kummaraguda,Secunderabad-s0O003.

3. One CC to SRl. R GOPI MOHAN Advocate [OPUC] 4. One CC to SRl. GADI PRAVEEN KUMAR Deputy Solicitor General of lndia To, . loPUCl

5. Two CD Copies KKSBS Y-Y \ \ CC TODAY HIGH COURT DATED:2310412025 ttE 1 ,c\ iE c J o 2 0 AtH ?$ffi .+' t _---:-. a 1-': ORDER WP.No.12314 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS *da X*