High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in refusing to issue Passport to the petitioner through notice dated 02.05.2025 referring to pendency of Cr. No.. 1212019, on the file of Thoguta P. S. which is P. T. Vide CC 5212019 at I JCJ-Cum- Dubbak Judicial Magistrate of 1st Class and Cr. No.. 1121202O on the file of Thoguta PS which is P.T. vide CC No. 331l2O2O.at the Hon'ble IJCJ- Cum-Dubbak Judicial Magistrate of 1st Class, as illegal, arbitrary and violation of Article 14 and 21 of the Constitution of lndia, Consequently set aside the Passport rejection notice dated. 02.05.2025 and direct the 2nd respondent to issue the Passport to the petitioner, without reference to the pendency of CC 5212019 at I JCJ-Cum- Dubbak Judicial Magistiate of 1st Class and Cr. No.. 11212020 on the file of Thoguta PS which is P.T. vide CC No. 33112020 at the Honourable I JCJ-Cum- Dubbak Judicial Magistrate of 1st Class. . :&w@* '.::it: .,t!.f *ff# r"i+"?F 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 the Respondent no. 2 to issue the Passport to the petitioner without reference to the pendency of CC 5212019 at I JCJ-Cum- Dubbak Judicial Magistrate of 1st Class and Cr. No.. 11212020 on the file of Thoguta PS which is P.T. vide CC No. 33112020 at the Hon'ble I JCJ-Cum- Dubbak Judicial Magistrate of 1st Class, pending disposal of the above Writ Petition. Counsel for the Petitioner: M/s KAMATAM RAJITHA .TMP Counsel for the Respondents: SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia The Court made the following: ORDER .n' THE HONOURABLE SRI IUSTICE PULLA KARTHIK WRIT PETITION No.15100 OF 202s ORDER: With the consent of learned counsel for the parties, the Writ Petition is disposed of at the admission stage.

2. This Writ Petition is filed seeking the following relief: "... pleased to issue a Writ Order or direction more particularly one in the na ture of Writ of Mandamus declaring the action of the 2nd respondent in refusing to issue Passport to the petitioner through notice dated 02.05.2025 referring to pendency of Cr.No.12/2019, on the file of Thoguta P. S. which is P.T. Vide CC 52/2019 at I JCJ-Cum-Dubbak Iudicial Magishate of 1't Class and Cr.No.112/2020 on the file of Thoguta PS which is P.T. vide CC.No.331/2020 at the Hon'ble I ]CJ-Cum-Dubbak Judicial Magistrate of 1st Class, as illegal arbitrary and violation of Articles 14 and 21 of the Constitution of India, Consequently set aside the Passport rejection notice dated 02.05.2025 and direct the 2nd respondent to issue the Passport to the petitioner without reference to the pendency of CC 52/2019 at I JCJ-Cum-Dubbak Judicial Magistrate of 1"t Class and Cr.No.112/2020 on the file of Thoguta PS which is P.T. vide CC No.331/2020 at the Honourable I JCJ-Cum-Dubbak Judicial Magistrate of 1,t Class and to pass such other order or orders ..." 2

3. Heard learned counsel for the petitioner and the learned Deputy Solicitor General of India appearinl5 for the respondents.

4. When the matter is taken up for hearing, leamed counsel appearing for the petitioner submitted that the issue involved in this Writ Petitiotr is squarely covered b), the order, dated 10.12.2024, passed by this Court in W.P.No.34761 of 2024 and sirnilar orcler be passed in the present Writ Petition also.

5. Learued Deputv Solicitor General of India appearing for the respondents did not seriously dispute the sarne.

6. In view of the said submissions and for the reasons alike, this Writ Petition is disposed of by directing the respondent No.2 to take steps for issuance of passport to the petitioner. The petitioner shall however comply with the following conditions: 3 (i) The petitioner shall submit an undertaking along with an affidavit before the learned I ]unior Civil ]udge-cum-Judicial Magistrate of First Class at Dubbak, in C.C.Nos.52 of 2019 and 331 of 2020 stating that the petitioner will not leave India during pendency of the said cases without permission of the Court and that the petitioner will cooperate with the trial Court in concluding the criminal proceedings. (ii) The trial Court shall issue a certified copy of the undertaking and affidavit to the petitioner within two weeks from the date of filing of the undertaking. (iii) The petitioner shall submit the certified copy of the aforesaid undertaking before the concerned Passport Officer for consideration of his application for issuance of passport. (iv) 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 petitioner shall deposit the original passport before the learned I Junior Civil ]udge-cum-Judicial Magistrate of First Class at Dubbak, after issuance of passport The 4 petitioner shall be at liberty to file an application before the learned I Junior Civil Judge-cum-Judicial Magistrate of First Class at Dubbak, seeking permission to kavel outside India. The learned I Junior Civil judge-cu--ludi"ial Magistrate of First Class at Dubbak, shall consider the same in accordance with law.

7. With the above observations/directions, the Writ Petition is disposed of. As a sequel thereto, miscellaneous applications, if any, pending in the Writ Petition shall stand closed. There shall be no order as to costs //TRUE COPY// SD/- P.PONNA KRISHNA ASSISTANT REGISTRAR SECTIO brrrcen [, The I Junior Cvivil Judge-cum-Judicial Magistrate of First Class at Dubbak. The Secretary, Union of lndia, Ministry of External Affairs, 23D, Janapath Road, Rajpath Area, Central Secretariat, New Delhi - 1 1001 1 . The Regional Passport Officer, Regional Passport Office, Hyderabad, D. No 8-2-215 to 219, Kummarguda, Secunderabad - 500003, Telangana One CC to M/s. KAMATAM RAJITHA.TMP, Advocate [OPUC] One CC to SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia loPUCl Two CD Copies To 1 2 3 4 5 6 PSK. PSK HIGH COURT DATED: 1 4 10512025 VACATION COURT ORDER WP.No.15100 of 2025 t .,; l ,,i '7 ], )t ,.} a) Lr- a. a\ .9 .\ \rs \5 r/9tLl + -*- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \$ {e