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 a writ of Mandamus declaring the action of the 2nd Respondent in not granting the passport of the petitioner pursuant to 'the application submitted by the petitioner vide file No. HYl065040S24g23onthegroundthatacriminalcasevideCrimeNo.l8S6of 2OlTofP.S.RajendraNagar,CyberabadCommissionerate(C.C.No.1623of 2019 on the file of Hon'ble X1 Addittional Metropolitan Magistrate at Raiendra Crime No.11 of 2016(CC.No.596/2019) of P S' nagat, R.R.District)' Crime No.'1981 of 2017(CC.No.278312O20) of P S' Rajendranagar and Rajendranagar is pending against him, as illegal, arbitrary' abuse of process of law,violationofprinciplesofnaturaljusticeandagainstrulesandconsequently direct the 2nd respondent to issue the passport to the petitioner by considering the passport apf. lic rrion submitted by him vide file No. H'/10(r so4lgz4g23 without reference to llre ce'r,iency of the criminal cases, in the in:ere:;t of iustice. |.A.NO:1 OF 202s Petition U;rcr r section is1 cpc praying that in ther cir( umstances stated in the affidavit frle'rr r support of the petition, the High court ma.,/ be pleased to direct the 2nd re;pc ndent to renewal the passport of the petitioner- by considering the passport a1:p i:ttion submitted by him vide file No. Hy. 065040g24923, without referenco k) the pendency of the criminal case vid( crirne No. 18g6 of 2017 of P.S. R:rlerrrrjra Nagar, Cyberabad Commissionerat3 (C.C.No. 1623 of 2019 on the file r_,1 Hon'ble Xl Addittional Metropolitan Ma(tistnrte at Rajendra nagar, R.R.Dis.ric: , Crime No.1.l of 20.16(CC.No.596l2)jg\ of p.S. Rajendranagar an I Crime No..1981 of 201 7(CC. N o.Zt 8312,020) of p.S. Rajendranagar, r; p :rding against him, in the interest of justir;e, p:nding disposar of the above w'it pe'i1ion. Counsel for the Pet tioner : SRI PAYALLA CHANDRA SHEKI\R Counsel for the l{esprondents : Ms N.V.R.RAJYALAKSHMI, LEAFTNED couNSEL REPREIi:NTING sRl GAD| PRAVEEN KUMAR, DE:pu]y solrcrroR GENERAL OF INDIP The Court made the lollowing ORDER i THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITIO N No.14912 of2025 ORDER: This writ petition is hled praying this court to declare the action of respondent No.2, Regional Passport Ofhcer, in not considering the apptication No.Hy 1065O4 Oa24923 submitted by the petirioner seeking for issuance of passport on the ground of pendency ol a criminal cases as illegal and arbitrary.

2.Itisthecaseofpetitionerthatonearlieroccasionhefiled W.P.No.16503of2024questioningtheactionoftherespondentNo.2 in not considering the petitioner's application seeking for issuance of passport on the ground of pendency of criminal cases and the said writ petition was disposed of by this court on 28.06.2024 directing thepetitionertofollowcertainconditionsimposedtherein. Accordingly, the petitioner filed afhdavit before the concerned Magistrate Court and later submitted the copies to the respondent No.2 and thereafter the respondent No.2 issued a letter of objection d,aLed. 28.09.2O24 in connection with his passport application stating that apart from the crime No.1886 of 2016 there are other two crimes videCrimeNo.11of2016andl98lof2o|TofPSRajendranagarare pending and requested to furnish the Court orders' Questioning the same, petitioner Ilted the present writ petition' 2 rvsx, J w.P. No. r4912 0f 2025 -I \' .r

3. Thc I,.a - r3d counsel for the petitioner has drarvn .he attenlion ,of this CrrLri'r o the passport application datecl O6.r)2.2C23 wherein the petitic n rr r arl already furnished the details of ttLe p :nding cases vide C.C. Nos i96 of 2019, 7623 of 2019 and 2783 of 2020, which corresponls r(, crime Nos.11 of 2016, 18g6 tf I'ol1 and 1gg1, respectr\.c \ ( I PS Rajendranagar, Cyberabacl Contrtissionerale, Hyderabarl.

4. On tr r. ,rtl'rer hand, Ms. N.V.R.Rajyalahshrri, the learned counsel reprrr:,t:nting Sri Gadi praveen Kumerr, lear-red Deputy Soucitor Ger c'r of India appearing for the resporldel*s s ubmits that the petition.r r icl not furnish court orders with regrLrcl .o other two criminal c:Ls: s

5. Ever tr a []r, both the learned counsel submttted to lass similar order pass,c, i r W. P. No. 16503 of 2024 with rt:spect t I two other crimes virlc I rrme No. 11 of 2O16 and 19g1 ci 2li7 of pS Raje nd rani rg. r r'.

6. On a lrlt usal of the order dated 28.A6.2021 passed in W.P. No.165t t3 tt 2024 bv this Court, it is to be noted tha, this Court had direct,;ci ll.t petitioner to deposit his passport befcre the trial Court in C C N'r.1623 of 2Ol9 (Crime No.1886 of 2017) oe the file of the XI Addit,rtr,r i Metropolitan Magistrate at Rajendrrr Neigar, Ranga Reddy. 3 t{vsK. .I w.P- No.l49L2 ol 2t25 Recording the submissions rnade by the learned counsel on 7 . either side, this writ petition is disposed of in terms of the W.P. No.16503 of 2024 dated 28.06.2024 subject to the following conditions.

1. The petitioner shall submit an undertaking, along with an aflidavit in C.C. No.596 of 2Ol9 and 2783 of 2O2O on the file of the XI Additional Metropolitan Magistrate Court, Rajendra Nagar, Ranga Reddy stating that he will not leave India during pendency of the said case without permission of the Court and that he will cooperate with the trial Court in concluding the proceedings in the said case.

2. On filing of such an undertaking as well as affidavit, the trial Court shall issue a certihed copy of the same to the petitioner within a period of two (02) weeks therefrom.

3. The petitioner shall submit certified copy of the aforesaid undertaking before the Passport Ofhcer for issuance of his passport and the Passport Ofhcer shall consider the application No.HY1o65040824923 submitted by petitioner in accordance with law, within two (02) weeks from the date of submission of such undertaking. 4- On issuance of passport, the petitioner shall deposit the same before the trial Court in C.C. No.1623 of 2019 on the hle of the XI Additional Metropolitan Magistrate at Rajendra Nagar, Ranga ReddY.

5. The petitioner shall obtain a copy of the deposited certihcate in C.C. No. 1623 of 2Ol9 on the hle of the XI Additional Metropolitan Magistrate at Rajendra Nagar, Ranga Reddy, and h1e the same in C.C. No.596 of 2Ol9 and C'C No'2783 of 2O2O on the hte of the XI Additional Metropolitan Magistrate I I 4 w.P. No. r4912 o,2O2s r1 Il. j.rndra Nagar, Ranga Reddy, along rvit.t ar undertaking -h ir I [- e rvill deposit the passport in F,endin- cases in the rlvi:r)t lf finalization of any of the case. Ho"r,evr:r, it is made r:1r:ar tlial in the event of petitioner tt ave to abroad, Ih , p I:itioner shall obtain permission frcm :he ,nal Court in rrlJ ttt : pending cases. 8 Acctrli -lel], this writ petition is disposed cf. l.l_rer: shall be no order as tr) , orl .:t As a ri,r,lucl, miscellaneous application:;, penc ing if any, shall stan,:l Io:,t:d //TRUE COPY// SD/.V.KAVITHA DEPU]Y REGISTRAR 1\ \\ . L J SE(]TION OFFICER I ( To \ 219, Kurnrtan; tda, Secunderabad.

1. The Secrelarl , Union of lndia, Ministry of External affairs. Nelv Delhi. 2. The Regional F,assport Officer, Regiohal passport Office,, D. .,lo.g-2-215 3. One CC tc SFtl PAYALLA CHANDRA SHEKAR, Advr:catr: IOPUC] 4- ONE CC tC SF I GADI PRAVEEN KUIVAR, DEPUTY SOL iIT()R GENERAL 5. Two CD C:rpir:r; OF INDIC Arir,rcate [OPUC] SA GJP 4- c) b"- 611 sr( l6 L; o 2 1 ,t.tl ZDZ5 o -. \- \1 \ HIGH COUR'I- DATED: 11tO$t2OZ5 ORDER WP.No.14912 of 2O2S DISPOS|NG ,0[:THE W.p WITHOUT COSTS. %€\- I -a;