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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of 3rd Respondent in not issuing the Passport is totally arbitrary, irregular and against Articles 14, 19 and 21 of the Constitution of lndia and consequently direct the 3rd Respondent to issue Passport in respect of vide Passport Application Number HY2O77O12795524 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cit,:umstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the 3rd Respondent to issue the Passport to the Petitioner, pending disposal of the Writ Petition lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the cir";umstances stated in the affidavit filed in support of the petition, the High Court tnay be pleased to permit the petitioners to file additional material papers i.e., Ex. P-13 to Ex. P-28 which are necessary for proper adjudication of the case and disposal of Writ Petition Counsel for the Petitioner: SRl. MIR SAMEER HUSSAIN Counsel for the Respondents: DEPUTY SOLICITOR GENEIiAL OF INDIA The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAII KUMAR WRIT PETITION No.l441l of 2o25 ORDER: This Writ Petition is filed questioning tl:e action of respondent No.3 in not issuing the passport. A consequential prayer is sought to direct respondent No.3 to issue passport in respect of passport application uide N o.l{Y 2O7 7 O L27 9 552 4.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents and the matter is disposed at admission stage with consent of both the counsels.

3. The case of the petitioner is that he applied for passport uide passport application No.HY2O724147949L9, dated

05.09.2019. The respondents sent letter to the petitioner dated 31.12.2019 stating that the petitioner is involved in Crime No.259/2O19 under Sections 498 of IPC and Sections 3 & 4 of DP Act uide C.C.No.377O/2O19 of the leamed X Additional Metropolitan Magistrate Court at Kukatpally and directed to furnish certified copies of charge sheet / Court Order in the aforesaid FIR No.649 of 2019. In response to it, the petitioner representation dated l4-Ol -2020 uide submitted a Lr.No.LSA/APP-RPO/ I 40 I -2O / A3 explaining his involvement in 2 the aforesaid case. Thereafter, the petitioner re,reived a letter on

26.04.2021 stating the file is closed, since the p,r:titioner ha.s not submitted acquittal order or permission from '3ourt to travel abroad. Aggrieved by the inaction of respo rL,lent No.3, the present Writ Petition is filed.

4. Today when the matter has been taken r-rp for hearing, learned counsel for the petitioner would sulrrrit that while dealing with the similar circumstances, this (- ourt uide order dated 07.04.2025 }rad disposed oi the W.P.No.1O352 of 2025 with certain conditions and learned counsel f, ,r' the petitioner further pray this Court to pass similar ord(r: as passed in W.P.No.1O352 of 2025.

5. l,earned Standing counsel appearing i)n behalf of respondents reported no objection in passing sirrLi..ar orders.

6. Accordingly, this writ petition is dispc,sed of with a direction to respondent authorities to consider the case of the petitioner and take steps for release of the pzrssport in due compliance of the findings of the Hon'ble Supr,:rrre Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationr. The directions are as follows: t2O2O Crl.L.J (SC) 572 ( (D (ii) (iii) (19 (v) (vi) 3 The petitioner shall submit an undertaking along with an allidavit before the learned X Additional Metropolitan Magistrate Court at Kukatpaly, in C.C.No.377O of 2019, 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 certified copy of the undertaking along with an a{fidavit within Two (2) weeks from the date of filing of the undertaking. The petitioner shall submit the certified copy of the aforesaid undertaking along with reply/explanation before the concerned Passport Oflicer for consideration of his application for passport. 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 trled by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. The Passport authority is directed to issue the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court. The petitioner shall deposit the original passport before the learned X Additional Metropolitan (vii) 4 Magistrate Court at Kukatpally, i:r C.C.No.3770 of 2Ol9 after issuance of the passpor-t. The petitioner shall be at lib r:rty to file an application before the learne<l X Additional Metropolitan Magistrate Court at Kukatpally, in C.C.No.3770 of 2OI9, seeking perrnission to travel outside India. The learnecl X Additional Metropolitan Magistrate Court :rt Kukatpally, in C.C.No.377O of 2019, shall consrrler the sarne in accordance with law.

7. Recording the above said submission, tht: writ petition is accordingly disposed of. There shall be no order as to costs As a sequel, miscellaneous applications r ending in this petition, if any, shall stand closed. B. REKHA RANI NT REGISTRAR liD/- ASSiISTA \ \i sEcroN oFFrcER //TRUE COPY// To, Block, New Delhi. External Affairs, Patiyala House, Tilak Marg, New Delhi I 10 001. 1 . The Principal Secretary, Union of lndia, Ministry of [: xternal Affairs, South 2. Chief Passport Officer, Joint Secretary (PSP) CPO, PS;F'Division, N/inistry of 3. Regional Passport Officer RPO, D.No.B-2-2'15 lc 219, Kummarguda, 4 One CC to SRl. MIR SAMEER HUSSAIN, Advocate [OPUC] 5. One CC to Deputy Solicitor General of lndia [OPUC] 6. Two CD Copies Secunderabad, Telangana BM- LS tt- .l I , .i:. i 14 ;..\\*o I r sEP ztE \. {\ '.: tl \l ,. i.. -\| HIGH COURT DATED:0410812025 ORDER WP.No.14411 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS g .rftuJ' *{t'