Kinnera Vaishali v. The Union of lndia

The Regional Passport Officer, Regional Passport office D.No.8-2-215 to 219' Kummaraguda, Secunderabad-500 003. Smt. Thurupati Revati W/o Sri Thurupati Harish D/o Sri Chhtala Yadagiri aged about 25 years, R/o H. No.24-7-31411 , Ramakrishna Colony Behind Airtel office, Hanumakonda Warangal, Telangana State. (Respondent No.3 impleaded as per C.O. dt. 30.10.2025 in 1.A.No.212025) ...RESPONDENTS 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, particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent herein in refusing to passport services to the petitioner i.e. change of address in the passport No. S6447867 pursuant to passport application No. HY2075072513525 dated 23.05.2025 on the ground that pendency of criminal proceedings in Crime No 142 of 2021 of W.P.S. Saroornagar U/s 323, 494, 498A, 506 IPC and Sec- 3, 4 and 6 D.P. Act which is subject matter of C.C.No. 3267 of 2021 on the file of V Addl- t\,4etropolitan Magistrate L.B.Nagar, Ranga Redd5, district as illegal, arbitrary and violation of Article 2'l of the Constitution of lr lia and contrary to Passport Act, 1967 and consequently direct the respor dents to consider passport application No. HY2075072513525 dated 23.0[; t-025 for providing Passport services i.e. change of residence address in thc petitioner passport wthout reference to the pendency of criminal case stated abc re. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r;r in the affidavit filed in support of the petition, the High Courl direct the 2nd respondent to consider the passpcr HY2O75072513525 dated 23.O5.2025 for change of resido passport No.56447867 without reference to the pen( proceedings in Crime No. 142 of 2021 of W.P.S. Saroorrri 498A, 506 IPC and Sec. 3,4 and 6 D.P. Act which is subje: 3267 of 2021 on the file of V Addl. lVletropolitan Magistrat: Reddy district pending disposal of the above writ petition. cumstances stated may be pleased to application No. ce address in the ency of criminal gar U/s 323, 494, matter of C.C.No. L-B. Nagar, Ranga Counsel for the Petitioner: SRI A.PRABHAKAR RAO Counsel for the Respondent No.1 & 2: SMT T.SUHASINI, SC FOR CENTRAL GC VT. WRIT PETITION NO: 18390 OF 2025 Between: Kinnera Prakash, Sio Lachiram, Aged about 35 years, )cc. Business. Rt/o Flat No. 314 A-Block, Apurupa Jagapathi Heights, Chilul-:i nagar Road, Uppal -500039, Rachakonda Medchal-Malkajgiri district -50003(l ,..PETITIONER AND 1 2 3 The Union of lndia, tvlinistry of External Affairs, Soutlr Raisina Hills, New Delhi Represented by Secretary Block, Secretarial, The Regional Passport Officer, Regional Passport office l) Kummaraguda, Secunderabad-500 003. Smt Thurupati Revati W/o Sri Thurupati Harish D/o Sr aged about 25 years, R/o H. No.24-7-3'14l1 , Ramakrisi Airtel office, Hanumakonda Warangal, Telangana State. No.8-2-215 to 219, Chintala Yadagiri ra Colony Behind I (Respondent No.3 impleaded as per C.O. dt. 30'1O'2025 in l.A.No.2/2025) ...RESPONDENTS 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 a writ, order or direction, partlcularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent herein in refusing to passport services to the petitioner i.e. change of address in the passport No' s644S90O pursuant to passport application No.HY2075072614625 dated 23tO5t2O25 on the ground that pendency of criminal proceedings in crime No. 142 of 2021 of W.P.S. Saroornagar U/s 323, 494, 498A,506 IPC and Sec 3, 4 and 6 D.P.Act which is subject matter of c.c.No. 3267 ol 2021 on the file of v Addl. l/letropolitan Magistrate L.B.Nagar, Ranga. Reddy district as illegal, arbitrary and violation of Article 2'l of the constitution of lndia and contrary to Passport Act, 1967 and consequently direct the respondents to consider passport application No.HY2075072614625 daled 2310512025 for providing Passport services i.e. change of residence address in the petitioner passport without reference to the pendency of criminal case stated above' lA NO: 1 OF 2025 Petition under section 15'1 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 2nd respondent to consider the passport application No. HY2075072 614625 daled 23to512025 for change of residence address in the passport No. 56448900 without reference to the pendency of criminal proceedings in Crime No. 142 ot 2021 of W.P.S. Saroornagar Uls 323' 494' 4gSA,506lPCandSec.3,4and6D.P.ActwhichissubjectmatterOfCCNo' 3267 of 2021 on the file of V Addl. Metropolitan Magistrate L.B Nagar, Ranga Reddy district pending disposal of the above writ petition. Counsel for the Petitioner: SRI A.PRABHAKAR RAO Counsel for the Respondent No.1 & 2: Dy. SOLICITOR GENERAL OF INDIA The Court made the following: COMMON ORDER THEH ON'B LE SRI JUSTICE NAGESH BHEEM E PAKA T PETITION Nos. 18976 and 18390 0F ). r25 coMM ON 'l'hese re sPonde nt pursrtant RDER: Writ Petitions are filed to dec'are t I I action of No.2 in refusing to provide passport sr I vices to the namcly, the change of addresses n Passport petitioners Passport Application No.S64,l7 367 No.HY20750 72513525' dateri 23 05'2025' and n Passport Passnort Application No.56448900 purstrant dated 23'05 2025 respecti" ly on the No.HY2075072614625' ground o[ pcndcr-rc1' ol criminzLl proceedings ir-r C' ir re No 142 of 2021 of Women Follce Station, Saloornagar, register': I for offences under Sections 323, 494' Aga\' and 506 IPC and ! ections 3' 4' ar-rd 6 ol the DorvrY Prohibition Act, rvhich are now 1l': rding as c'c' No. 3267 ol 2O2l on the filc ol the V Additiona' Melropolitan Magistratc, L.B. Nagar, Ranga Reddy District' as il1': 1a1' arbltrarS" and violative of Article 21 of the Constitution of IndirL' and contrary to the provisions o[ the Passpor L Act' 1967; and :onsequently' the petition rrs' PassPort direct thc respondenls to consider No s. HY2O7 5 O'7 251352 :) and HY2)75072614625 apPlica t tol-t s, respectiveh' both datecl 23 05'2025,lor providing pa; rport servlces' \ I-\. ""-*'1 l'e., change of residential addresses in the petitioners' respective passports, without referencs to the pendency of the aforesaid criminal case. 2 Heard Sri A. Prabhakar Rao, learned counsel for the petitioners and learned Standing Counsel for the respondents Perused the record.

3. Learned counsel for the petitioners submitted that mere arraignment of the petitioners in a criminal case cannot be a ground for denia-l of change of lrddresses in the petitioners' passports. He relied on the judgment of this Court in w.P.No. t1927 of 2025, d,ated 24.04.2025 Learned Standing Counsel for the respondents submitted 4 ' that a criminal case uid.e C.C.No.3267 of 2021 on the file of V Additional Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District, is pending against the petitioners. In view of the same, respondents have refused to chalge the addresses of the petitioners in their respective passports. However, it is further tted that a-foresaid similar order may be passed in these writ . a.- ,,i e ., ' Ja- ,]i$& *-trffii. ..ffif.,.',lfi,-i' 7

5. In view of aforesaid subrnissions and co r ;idering the judgment of the coordinate Bench of this Court in W.I .No. L1927 of 2025, daLed 24.04.2025, this Court directs resporr, lent No.2 to change the petitioners' addresses in their respective lassports on the following conditions i) The petitioners shall submit undertakings .long with allidavits before the V Additional Metropolitan Magis:rate, L.B. Nagar, Ranga Reddy District, in C.C. No.3267 of 2C 21 (Crime No.L42 of 2O2Ll, stating that the petitioners wiII aot I :ave India during pendency of the said C.C. without permission (,i the Court and the petitioners will cooperate with the Trial Court in concluding the criminal proceedings. (ii| The Trial Court shall issue certified coP es of the undertakings along with aflidavits within Ttro (2) wee.< ; from the date of filing of the undertakings. (iiil The petitioners shall submit the certifie,l copies of the aforesaid undertakings along with the reply/,: :planation before the coflcerned Passport OIIicer for considerati< n of their applications for change of addresses ln their respectiv(: passports. (iv) The Passport Authority shall consider the ( ocuments in the light of the observations made by the Court as t /ell as the undertakings and other documents filed by the petitir ners. The petitioners shall also be at liberty to rely on the ilecisir ns in this regard. (v) The Passport authority is directed to t:) ange the addresses of the petitioners in their respective passpor s without raising the objection relating to the penden.j., of th, criminal proceedings before the Trial Court. (vi) The petitioners shall deposit the origiual passports before the V Additional Metropolitan Magistrate, l, B. Nagar, Ranga Reddy District, in C.C. No.3267 of 2O2L (Crim<: No.142 of I I i I 4 2o2ll, after change of ad&esses respective passports. of the petitioners in their (viil The petitioners shall be at liberty to file applications before the V Additional Metropolitan Magistrate, L.B. Nagar, Ranga Reddy Dfu.rict, in C.C. No.3267 of 2O2l (Crime No.142 of 2O2Ll, seeking permission to travel outside India. The V Additional Metropolitan Magistrate, L.B. Nagar, Ranga Reddy District, shall consider the same iu accord.ance with law.. \..r 6 Accordingly, these Writ petitions are disposed of. There shall be no order as to costs. Miscellaneous oetitions, if any, pending in this Writ petition, shall stand closed. //TRUE COPY// SD/. C. DEEPIKA ASSISTANT REGISTRAR ',.u^ i9 SECTION OFFICER To,

1. The V Additional Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District. 2. The Secretary, Ministry of External Affairs, South Block, Secretariat, Raisina Hills, New Delhi, Union of lndia.

3. The Regional Passport Officer, Regional Passport office D.No.8-2 -215 to 219, Kummaraguda, Secunderabad-500 003 I \ \

4. One CC to SRI A.PRABHAKAR RAO, Advocate [OPUC] 5. One CC to SMT T.SUHASINI, SC FOR CENTRAL GOW. [OPUC] 6. One CC to DEPUTY SOLICITOR GENERAL OF lNDIA, High Court for the State of Telangana at Hyderabad [OPUC] Two CD Copies 7 BSR GJP HIGH COURT DATED: 3011012025 I COMMON ORDER WP.Nos.18976 and 18390 o12025 r_, ;j . ::: \-,l rl\. 1il ffc zffi .\ .'io416 r q1l r ,,/// DISPOSING OF BOTH THE WRIT PETITIONS, WITHOUT COSTS q