The 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 an appropriate writ or direction, more particularly a Writ in the nature of Mandamus declaring the the action of the respondents 2 and 3 in not renewing the passport of the petitioner pursuant to the application of the petitioner daled 'l'110412025 vide File No HY2O74953489425 on the ground that pending criminal proceedings against the petitioner as illegal arbitrary and consequently direct the respondents 2 and 3 to process the application of petitioner for renewal of passport vide File No HY2074S53489425 forthwith. lA NO: 1 OF 2o2s Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directions to respondent No.2 and 3 to process the application of petitioner dated 1110412025 for renewal of passporl vide File No HY2O74953489425 forthwith pending disposal of writ petition. Counsel for the Petitioner : M/s.MADHAVI PRIYA MANTENA counserrortheRespont"""'ifl 'hil**'"1*tal"#*"o*' The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH ORDER: WRIT PETITION No.L3472 of 2o25 This Writ Petition is filed questioning the action of the respondent Nos.2 and 3 in not renewing the passport of the petitioner pursuant to the application of the petitioner dated

77.O4.2O25 uide File No.HY2074953489425 on the ground that pending criminal proceedings against the petitioner as illegal, arbitrary and consequently direct respondent Nos.2 and 3 to process the application of petitioner for renewal of passport uide File No.HY2074953489425 by considering the representation of the petitioner, the present writ petition is filed.

2. The learned Counsel for the petitioner would submit that basing on a false complaint lodged by wife of the petitioner, a case in Cr.No.81 of 2024 for the offence under Section 489-A, 494 IPC was registered against the petitioner on the hle of Additional Junior Civil Judge-cum-lX Additional Metropolitan Magistrate, Kukatpally. Thereafter, petitioner made an application on 11.04.2025 to the 2 sl{, J WP 13,17.2 2025 Regional Passport Ofhce, Hyderabad

1. e. rr:spondent No.3 has not recommended the application of thr: petitioner and sought for certain clarification.

3. Today when the matter is taken up lor hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has disposed of W.P.No.34 165 of 2024 dated 05.12.2024 by imposing certain r:onditions.

4. Learned counsel for the petitioner pral's this Court to pass similar order

5. Ms.N.V.R Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen I{umar, Deputy Solicitor (}eneral of India appearing on behalf of respondents reported no objection for passing similar orders

6. In view of the submissions made by the learned counsel on both sides,. ald with their consent, this u'rit petition is disposed of with the following conditions (il The petitioner shall submit an undertaking a-long with an afhdavit before the Additional Junior 3 SK, J WP ts172 2025 Civil Judge-cum-lX Additiona_l Metropolitan Magistrate, Kukatpaliy in Cr.No.81 of 2024, stating that the petitioner will not leave India during pendency of the said criminal case without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. (ii) The Trial Court shall issue a certihed copy of the undertaking along with an affidavit within two (2) weeks from the date of hling of the undertaking. (iii) The petitioner sha-ll 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. (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 .-dgcuments filed by the petitioner. The petitioner l, -/ ". 1 4 wP t947' SK, J 'Or5 shall also be at liberty to rely on the decisions tn this regard. (v) The Passport authority is directed to renew the passport of the petitioner without raising the objection relating to the pendency of 1-he criminal proceedings before the Trial Court. (vi) The petitioner shall deposit the original passport before the Additional Junior Civil Judge- cum-IX Additional I\4etropolitar-i Magistrate, Kukatpaliy, in Cr.No.81 of 2024 after renewal of the passport. (vii) The petitioner shall be at libcrty to file an application before the Additional .Iunior Civii Judge-cum-IX Additional Metropolitan Magistrate, Kukatpally, in Cr.No"81 of 2024, seeking permission to travel outside India. The Additiona-l Junior Civil Judge-cum-IX Additional Metropolitan Magistrate, Kukatpally, shall consider the same in accordance with law. 5 SK,,' wl' t31.72 2025

7. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.

8. As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed. \ To, //TRUE COPY// SD/- P. PONNA KRISHNA ASSISTANT REGISTRAR i/;, SECTIOMOFFICER '1 . The Secretary, Ministry of External affairs, Union of lndia, South Block, New Delhi.

2. The Chief Passport Officer, Joint Secretary PSP and CPO PSP Division Minis Ministry of External affairs, Room No 27, Patiala House, Tilak Marg, New Delhi.

3. The Regional Passport Officer Regional Passport Office, Telangana, D. No 8- 2-215 to 219, Kummariguda, Secunderabad.

4. One CC to M/s. MADHAVI PRIYA MANTENA, Advocate. IOPUC] 5. One CC to SRI GADI PRAVEEN KUMAR, (Deputy Solicitor General of lndia), High Court for the State of Telangana at Hyderabad. [OPUCI

6. Two CD Copies. BSK HIGH COURT DATED:3010412025 ( .i I c,' r 1!,- o(, /,' . s ORDER WP.No.13472 of 2025 d[.* $r ., c \ 1.- 'r. \ /-t , DISPOSING OF THE WRIT PETITION WITHOUT COSTS @