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 pass an order, direction or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 in issuing the Impugned refusal Letter vide Letter Ref. No.OBJ/1 049037875125, dated. 03-04-2025 calling upon the Petitioner herein to submit acquittal order in CC No. 37O of 2O21 on the file of Judicial Magistrate of Second Class, at Sircilla and also in Crime No. 546 of 2020 on the file of Judicial Magistrate of First Class, at Sircilla or obtain permission to depart from lndia from the trail court to process petitioner fresh liassport application vide File No. HY806701 6131124, dated. 10- 1O-2O24, is arbitrary, and in violation of principles of natural justice and also in violation of procedure laid down under The Passports Act, 1967 and consequently set aside the lmpugned refusal Letter vide Letter Ref. No.OBJ/1049037875125, dated.03-04-2025, issued by the Respondent No.2 and direct the Respondent No. 2 herein to forthwith issue fresh passport to the petitioner in furtherance of passport apprication vide fire No. HyB06701 6131124, dated.10-10-2024 lA NO: 1 oF 2025 Petition under Section 1sl cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No.2 to consider the passport apprication vide fite No. HY806701613'1124. dated.lo-10-2024 submitted by the petitioner for issuance of fresh passport by without referring to the Letter Ref. No.oBJ/1 o4go37llsl2s, dated.03-04-2025, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI VUCHIDI SHARATH KUMAR Counsel for the Respondents: SRI G.VENKATESWARLU, SC FOR CENTRAL GOVT. The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.13751 of 2O25 ORDER: This Writ Petition is filed questioning impugned refusal letter dated O3.O4.2O25 passed by the respondent No.2, wherein and whereby the petitioner was informed that in view of pending of Criminal Cases against him in Crime No. 160 of 2O2O of Siricilla P.S, which is the subject matter in CC No.37O of 2021 and another Crime No.546 of 2O2O of P.S.Siricilla, which is the subject matter in CC No.38 1 of 2021 on the file of Principal Judicial Magistrate of First Class, Siricilla and directed the petitioner to obtain permission to depart from India from the Same Court where the Criminal proceedings are pending.

2. Sri V.Sharath Kumar, learned Counsel for the petitioner would submit that basing on false complaints, Poiice Siricilla registered criminal cases vide Crime No.160l2020 and Crime No.546/2O20 against the petitioner for the offences under Sections 341,285 read with Section 34 of IPC, which are pending on the file ol Principa-l Judicial Magistrate of \ \' -....i -I 2 SK. J WP- l]iii Lo.2i First Class, Siricilla vide CC Nos.37Ol2021 anrl 3gtl2O2l respectively.

3. It is further submitted that this Court, taking into consideration the principle laid down by the Honble Supreme Court in Vangala ko,sfulri Rangacharyz,lu Vs Central Bureau of Inuestigationl, disposed of several writ petitions with certain conditions and sought to pass similar order.

4. On the other hand, Sri G.Venkateswarlu, learned Standing Counsel appearing for the respondents does not dispute the same.

5. Having considered the submissions made by the learned counsel on both sides and with their consent, this writ petition is disposed of at the stage of admission with the following conctitions: (il The petitioner shall submit an undertaking along with arr affidavit before the principal Judicial Magistrate of First Class, Siricilla in C.C.Nos.3ZO of ZOtZt ana 381 of 2021, stating that the petitioner will not leave India during pendency of the said cases ' zozo ca. L.-r.(sc) s;z 3 SK, J wP ts't5t'20e5 without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. (ii) The Tria,l Court shall issue a certihed copy of the undertaking along with an aflidavit within Two (2) weeks from the date of liling of the undertaking. (iii) 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 for renewal 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 shall also be at liberty to rely on the decisions in this regard. (v) 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 Triat Courl . { ,l 1 t \-! I SK, J WP_ |i7rt 2o.1, (vi) The petitioner sha_ll deposit the original passport before the Principal Judicial Magistrate of First Class, Siricilla in Crime No.16O of 2020 (CC No.37Ol2o2tl and Crime No.546 of 2O2O (CC No.381 /212tl of Siricilla P. S after renewaI of the passport. (vii) The petitioner shall be at liberty to file an application before the Principal Judicial Magistrate of First Class, Siricilla in C.C.Nos.37O of 2O2l and 381 of 202 1 seeking permission to travel outside India and the Judicial First Class Magistrate, shall consider the same in accordance with law.

6. Accordingly. this writ petition is disposed of. There shall be no order as to costs.

7. As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed. //TRUE COPY// SD/.L. VIJAYA LAXMI SSISTANT REGISTRAR ECTION OFFICER To,

1. The Judicial t\4agistrate of First Class, Siricilla' 2. The Secretary, trilinistry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, lndia, Union of lndia.

3.TheRegionalPassportofficer'o/o.The.RegionalPassport^office,D.No.8.2- - ii5i; 819, xummirguoa, Secunderabad, Telangana -500003' 4. One CC to SRI VUCHIDI SHARATH KUMAR Advocate IOPUCI 5. One CC to SRI G VENKATESWARLU, SC FOR CENTRAL GOVT' [OPUCI 6- Two CD CoPies HIGH COURT DATED:30104,t2025 ORDER WP.No.13751 of 2025 , .., C-. 2I liir 2625 I o 9sparcH 9O t DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 6f\1 ? h )t I I I I I