✦ High Court of India · 28 Jul 2025

High Court · 2025

Case Details High Court of India · 28 Jul 2025
Court
High Court of India
Decided
28 Jul 2025
Bench
Not available
Length
1,226 words

stitution of lndia praying that in the therewith, the High Court maY be o in the nature of writ of Mandamus in r:efusing passport services to the 2025 in Case/Application No of Crime No 24 of 2020 UlSec. 279, of 2O2O on the file of the Honble I derabad as illegal high handed and rights of the Petitioner under Article d consequently set aside the Order HYl075093066225 and direct the the Petitioner bearing No N58't 5906 Petition under Article 226 of the Co circumstances stated in the affidavit filed pleased to pass an order or direction more to declare the action of the Respondent No Petitioner vide Order dated 14-07 HY1075093066225 on account of pendency 304 (A) IPC in Saifabad P.S, C.C. No. 438 Additional Chief Metropolitan Magistrate H arbitrary apart from being in violation of the '14 19 and 21 of the Constitution of lndia a daled 14-07-2025 in Case/Application No Respondent No 2 to renew the passport of for the period eligible. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the crrcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dt. 14-O7-2025 in Case/Application No HYl075093066225 pending disposal of the above writ petition and direct the Respondent No 2 to renew the passport of the Petitioner bearing No N5815906 forthwith. Counsel for the Petitioner : SRI BUJJIBABU DAVULURI Counsel for the Respondents: SRI K.SANJEEV, SC FOR CENTRAL GOVT. The Court made the following: ORDER HONOURABLE SRI JUSTIC N.V.SHRAVAN KUMAR WRIT PETITION No 2L914 of 2o25 ORDER: Heard learned counsel for th petitioner and Mr.K.Sanjeev, learned standing counsel appeari g on behalf of respondents. With the consent of the parties, t e lt rit petition is being taken up for disposal at the admission s e itself.

2. This writ petition is filed see ing the following prayer:- "to declare the action o the Respondent No.2 in to the Petitioner uide refusing passport serutce in Case/ Application Order dated 14.07.202 account of pendencg of No.HY1075O93066225 on c.279, 304 (A) IPC in Cime No.24 of 2O2O U/ Saifubad P.5., C.C. No.43B 1 of 2O2O on the file of the I Additional Chief tropolitan Magistrate, Hgderabad as illegal, h hhanded and arbitrary apart from being in uiola on of the ights of the 4, 19 and 21 of the Petitioner under Articles Constitution of India and c nsequentlg set aside the in Case/ Application Order dated 14.07.202 direct the Respondent No.HY1O75O93066225 an of the Petitioner beaing No.2 to reneu the passqo No.N581 5906 for the peiod eligible bg him."

3. The case of the petitioner is at he has applied for renewal of passport before respond nt authorities uide File No.HY1075093066225 seeking r renewal of his passport, whereby respondent No.2 have issued rejection letter dated

14.O7.2025 informing that in view of pending criminal proceedi4gs in Cr.No.24 of 2O2O nder Section 279, 3O4(Al IPC ,.! it2.i in Saifabad Police Station in C.C'No.438i of 2O2O before I Additional Chief Metropolitan Magistrate, H1'derabad, the passport of the petitioner cannot be renewed. Aggrieved by the same, the present writ petition is filed. 4 . Today ."vhen the matter has been taken up for hearing, learned counsel for the petitioner would submit that while dealing with the similar circumstances, this Court uide order dated 07.04.2025 lnad disposed of the W.P.No.10352 of 2025 with certain conditions and learned counsel for the petitioner further pra1. this Court to pass similar order as passed 1n W.P.No.lO352 of 2025.

5. Learned Standing counsel appearing on behall of respondent Nos.l and 2 reported no objectior-r in passing similar orders. 6 ' Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case o[ the petition6l and take steps for release of the passport in due compliance of the findings of the Honble Supreme Court in the ai,, E"i l I ::3: case of Vangala Kasturi Rangac r5rulu v. Central Bureau of Investigationr. The directions are s follows: (i) (ii) (iii) (i") The petitioner sha-ll with an affidavit b before I Additional Hyderabad, stating leave India during without permission will cooperate with the criminal proceed The Trial Court shal undertaking along weeks from the date The petitioner shall the aJoresaid un reply/explanation b Officer for consider renewal of passport. The Passport Au documents in the li by the Court as well documents filed by shall also be at libe this regard. ubmit an undertaking along fore the Cr.No.24 of 2O2O hief Metropolitan Magistrate, that the petitioner will not pendency of the said C.C. f the Court and the petitioner e Trial Court in concluding issue a certified copy of the th an affidavit within Two (2) f filing of the undertaking submit the certified copy of ertaking along with the fore the concerned Passport tion of his application lor ority shall consider the ht of the observations made s the undertaking and other e petitioner. The petitioner to rely on t he decisions in (") The Passport autho passport of the pe ty is directed to renew the tioner without raising the ' zo:o c.t.L.r. lscy szz I I ("i) (vii) ..4., . ..t. . objection relating to the pendencl, of the criminal proceedings before the Trial Court. The petitioner shall deposit the original passport before I Additional Chief Metropolitan Magistrate, Hyderabad in Cr.No.24 of 2O2O, after renewal of the passport. The petitioner shall be at libe rty to lile an application before the I Additional Chief Metropclitan I\tlagistrate, seeking permission to travel outside India. The I Additional Chief Metropolitan lVlagistrate, Hyderabad, shali consider the same in accordance n,ith lau,.

7. Recording the abrrve said submission, \vrit petition IS disposed of, accordingly. Miscellaneous petitions, pending, if any, shal1 stand closed. However, there shail be no or<ier as to costs SD/. MOHD. ISMAIL DEPUTY REGISTRAR //TRUE COPYII i'-.. . t SECTI6 OFFICER To,

1. The The Joint Secretrary (PSP) and Central Passport Office PSP Division, Ministry of External Affairs, Union of lndia, New Delhi.

2. The Regional Passport Officer, Regional Passport Office, D.No. 8-2-2151o 219 Kummariguda. Secunderabad - 500003.

3. One CC to SRI BUJJIBABU DAVULURI, Advocate. [OPUC] 4 One CC to SRI K.SANJEEV, SC FOR CENTRAL GOVT IOPUCI 5- Two CD Copies. C- BSK e) PVL HIGH COURT DATED:2810712025 ORDER WP.No.21914 o12025 lHE S 14

14. rJ( 1X tlJE ztE a. I * o€5r:61, , rr 1,\ s(' ). 7 C DISPOSING OF THE WRIT PETITION WITHOUT COSTS (r(,'4 a) %*

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