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 Writ of Mandamus, .declaring the action of the respondent in not issuing the passport basing on the application of the petitioner vide reference No. HYH067235575924, 23.12.2024 for using of business purpose and the same is rejected by the respondent vide letter dated 27.01.2025 alleging the petitioner involved in Crime No. 1Ol2O22 under Sec 498-A, 5OO IPC of WPS, Bhongiri, CC No. 15412022 on the file of court of the Principal Junior Civil Judge, Bhongir is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of lndia and also against to the directions of the Hon'ble High Court passed in W.P. No. 337535 oI 2024 dated 02.12.2024 and consequently direct the respondent to issue the passport to the petitioner immediately in the interest of justice. 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.Direct respondent to issue/grant the passport to the petitioner basing on the application of the petitioner vide reference No. HyH06723ss7sg24, dated 23t1212024, pending disposal of the main writ petition, Counsel for the Petitioner: SRt p.V.KRISHNAMACHARY Counsel for the Respondents: Ms. N.V.R.RAJYA LAKSHMI, SC for GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH 1VRIT PETITION No.12969 of 2o25 ORDER: This Writ Petition is filed questioning the action of the respondents in not issuing the passport basing on the application of the petitioner uide reference No.HYH067235575924, dated 23.12.2024 for using of business purpose and the sarne is rejected by the respondents uide letter dated 27.O1.2025 alleging the petitioner involved in Crime No.lO/2O22 under Section 498-A,506 IPC of WPS, Bhongiri, C.C.No.l54/2022 on the hle of Court of the Principal Junior Civil Judge, Bhongir is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19 and 2L of the Constitution of India and also against to the directions of this Court passed in W.P.No.33735 of 2024 dated O2.L2.2O24 and consequently direct the respondents to issue the passport to the petitioner immediately in the interest of justice, the present writ petition is hled.

2. The learned Counsel for the petitioner would submit that the petitioner is the resident of Kanchanapally Village, a SIq J w.P.tto.12969 oJ 2O25 \ Valigonda MAndal, Yadadri Bhongir District and is doing business. One Smt. Pannala Manemma, W/o Malla Reddy hled a complaint before the WPS, Bhongir against her husba-nd and in-laws and also showing the name of the petitioner and the Police registered a case in Crime No.LOl2022, dated 09.O2.2O22 by showing the petitioner as accused No.4. The petitioner is not a blood relative of the accused No.1 namely Pannala Malla Reddy. Thereafter, the investigation was completed and charge sheet was hled and the same was numbered as C.C.No.154 of 2022 on the file of Court of the Judicial First Class Magistrate at Bhongir. Aggrieved by the CC proceedings, the petitioner filed a Cr1.P.No.3379 of 2024 before this Court seeking to quash the proceedings in the said CC and this court dispensed with the appearance of the petitioner in the said CC in the lower Court vide its order dated 1O.O4.2024.

3. Learned counsel for the petitioner would further submits that the petitioner made application for issuance of passport before the respondents on 21.09.2023 by paying 3 SK, J w.P.No.12969 of 2O25 requisite fees and obtained the online appointment receipt uide Application Reference No.23-1010294527. Thereafter, the petitioner appeared before the respondent No.2 and attended the enquiry for issuance of passport, but, the respondents rejected the application of the petitioner on the ground of pending criminal case against him. Aggrieved by the impugned letter of the respondent No.2, the petitioner fi1ed W.P.No.33735 of 2024 and this Court passed order dated 02.12.2024 by directing the petitioner to file fresh application for obtaining the passport by disclosing the complete details and lor the sarrle, the respondent authorities to take a decision as to whether the petitioner is entitled to be issued with a passport or not. After receipt of the said order, the petitioner made fresh application before the respondbnt No.2 uide passport Application No.HYH067235575924, dated 23.12.2024 by enclosing relevant documents and also furnished the order of this Court in W.P.No.33735 of 2024, dated 02.12.2024. After receipt of his application, the respondent No.2 again rejected the application on the same grounds uide Letter 4 sK, ./ W.P.No.12969 oJ 2O2S \ Ref.No.OBJ /320594939 /25, dated 27.Ot.2025 and also directed the petitioner to obtain the orders from the competent Courts. The said action of the respondent No.2 is arbitrary and illegal. 4. 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. 5 Learned counsel for the petitioner pravs l_his Court to pass similar order. 6. Ms.N.V.R.Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen Kumar, Deputy Solicitor (ieneral of India appearing on beha,lf of respondents reported no objection for passing similar orders. T.Having considered the sutlmissions made by the learned counsel on both sides ancl with their consent, this writ petition is disposed of with the following conditions: (i) The petitioner shall submit an undertaking along with an aflidavit before the principal Junior 5 sx, J W,P.No,12969 of 2O2S Civil Judge, Bhongir in Crime No.lOl2O22 under Section 498-A, 506 IpC of WpS, Bhongiri, C.C.No. I54/2022, stating that the petitioner will not leave India during pendency of the said criminal cases without permission of the Court and the petitioner will cooperate with the Tria,l Court in concluding the criminal proceedings. (i0 The Tria,l 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. (iii) The petitioner shail submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned passport Officer Ior consideration of his application for renewa_l of passport. (i") 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. The petitioner 6 SK, J W.P.No.12969 of 2O25 -\1 \ shall also hre at liberty to rely on the decisions tn this regard (") The Passport authority is.directed to renew the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Tria-l Court. (vi) The petitioner shall deposit the original passport before the Principal Junior Civil Judge, Bhongir, in Crime No.lOl2O22 under Section 498- A, 506 IPC of WPS, Bhongiri, C.C'No'15412022 after renewal of the PassPort. (vii) The petitioner shall be at liberty to fiie an application before the Principal Junior Civil Judge, Bhongir, in Crime No.lOl2022 under Section 498- A, 506 IPC of WPS, Bhongiri, C.C.No.L54l2O22, seeking permission to travel outside India. The Principal Junior Civil Judge, Bhongir, shall consider the same in accordance with law' 7 7 sx, ., W.P.No.12969 of 2O25 8 Accordingly, this writ petition is disposed of. However, there shall be no order as to costs 9 As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed. //TRUE COPYII Sd/- P. PADMANABHA REDDY DEPUW RTrsrRAR SECTION/bFFICER / To,

1. Secretary, Ministry of External Affairs New Delhi, The Union of lndia. 2. The Regional Passport Officer, Office of Regional Passport Office D No. 8-2- 215 to 219, Kummarguda Secunderabad 500 003, Telangana 3. One CC to SRI P.V.KRISHNAMACHARY Advocate [OPUC] 4. One CC to SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of \ lndia Advocate [OPUC]

5. Two CD Copies BGS. I HIGH COURT SK, J DATED: 0110512025 /, .r i,'., ? s l-i. s ,CJ (, \ ORDER {:, i \-i.-': ) '- , i-) i\i WP.No.12969 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS