The High Court · 2025

Union of lndia, Rep. by its Secretary, Ministry of External Affairs, Secretariat, Hyderabad Also at Central Registry, 74 B, South Block, New Delhi. Consulate General of lndia, Dubai AL Hamriya, Diplomatic Enclave, P.O Box 737, Dubai, United Arab Emirates. The Regional Passport Officer, Door No. 8-2-215 to 219, Adjacent to Prashant theatre, Kummarguda, Secunderabad - 500008. Bureau of lmmigration, Ministry of Home Affairs, Rep. by its Commissioner, Shamshabad, Hyderabad. Smt. Santha Kumari Bollina, W/o Vinay Kumar Aged about 38 years, Occ Private Employee Rio Flat No. 230, AJR Arcade, Opposite Andhra Bank, Manikonda, Gandipet (lV), Ranga Reddy District. R5 is impleaded as per C.O. dt.0S.09.2025 in lA. No.2l2O25 Petition under Article 226 of the Constitution of India ,rri,ii:i:iifl;: c'rcumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ, order or direction, one more particurarly in the nature of a writ of Mandamus decraring the action of the Respondents more particurarry Respondent No.2 and 3 in not renewing the petitioner's passport bearing No. N0882629, Fire No.Hy3078665504.r'r 5 and directing the petitioner to produce ,,No objection certificate" in order to renew the passport as iflegar, arbitrary and without jurisdiction and to consequenfly direct the more particurarry Respondent No.2 to forthwith consider the Petitioners application vide receipt No. 25_ 200367969 for renewal the Petitioner's passport bearing No. N0Bg262g, File No.. HY3078665504'l 15 for a period of 10 years, under Section 10 of Passpgrls Act, 1967 and unde: Rule 12 of Passport Rules, 1980 withoLrt reference to criminal proceeding pendingl against the Petitioner in C.C. No. BBG of 2022 on the file of the Hon'ble Xlll Additional Metropolitan [/agistrate, Cyberabad at Rajendra Nagar and also the Gazette Notification issued by the Central Government vide GSR No. 570E dated 25.08 1993 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in srrpport of the petition, the High Court may be pleased to direct the Respondents more particularly Respondent No.2 to forthwith consider the Petitioner's applicatir: n vide receipt No. 25-200367969 for renewal of passport bearing No. N0882629; File No.HY30786655041 15 for a period of 10 years, under Section 10 of Passports Act, 1 967 and under Rule 1 2 of Passport Rules, 1 980 without reference to r;.iminal proceeding pending against the Petitioner in C.C.No. 886 of 2022 on the file of the Hon'ble Xlll Additional Metnlpolitan Magistrate, Cyberabad at Rajendra Nagar Counsel for the Petitioner: SRI GUNNA RAGHU CHANDRA Counsel for Respondent Nos. 1: SMT. N V. R. RAJYALAKSHMI Counsel for Respondent No. 3: SRI N. AVANEESH The Court made the following: ORDER .IHE T[ON'BLE SRI JUSTI(]F] NAGESH BIIEE,MAPAKA WRI'I- I'1.1'll'I ON No.22229 of 2025 ORDER: Thc petitioner submitted an Online Application No.HY3078665504115 for renewal ol her Passport, however, the respondent-passpoft authority has rctused to renew her passport on the ground that she is facing crirninal proceedings in C,C.No.886 of 2022 on the file of the XIII Additional Metropolitan Magistrate, Cyberabad at Rajendra Nagar.

2. Heard Sri G. Raghu Chandra Reddy, leamed counsel for the petitioner; Smt. NVR. Rajyalakshmi, learned Standing Counsel for the Central Government and Sri N. Avaneesh, learned counsel for respondent No.3. Perused the record. I.earned counsel for the petitioner sr"rbmits that urercly the petitioner

3. arrayed as accused in a criminal case cannot bc a ground for denial of renewal of passport. He relies on the judgment of this Court in W.P.No.35056 of 2023, dated 02.01.2024. l,earned Standing Counsel subrnits that there is a pending criminal

4. case against the petitionel and thercfbre refusal to renew the petitioner's passport as per Rules cannot bc said to be illegal. 'this Court having considered the respective submissions made by

5. learned counsel for the parties and considering the judgrnent passed by this Court in W.P.No.35056 of 2023, dated 02.01.2024, directs respondent No.3 to consider the Online Application filed by the petitioner herein seeking rencwal of passporl on the following conditions:- i) The petitioner herein shall subrnit an undertaking along with an affidavit in C.C.No.886 of 2022, pending on the file of Xlll Additional Metropolitan Magistrate. Cyberabad at Rajendra Nagar, stating that she E I sha!: not leave lndia during perdency of the said C.C., without permissrrn of the trial Court and that she shall cooperate with trial Court in concluCing the proceedings in the said C.C.; ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (2) weeks therefronr, iii,r The petitioner herein shall submit an application afresh along with certifred copy of this order as well as the aforesaid undertaking before th,l Passport Officer / Authority concerned for renewal of passport; iv) On filing such an application, the Passporl Officer / Authority shall consiler the same afresh in the light of the observations macje by this Court herein as well as the contents of the undertatrng given by the petitioner 1i)r renewal of passport, in accordance with law, withrn three (03) rveeks from the date of said application; v) Respondent No.3 shall consider Rule 12 of the Passport Rules, 196;' while considering the aforesaid applicatiorr submitted by the petition,:r; vi) On issuance of the Passport, the petitioner herein shall deposit the s;ame before the trial Court in C.C.No.886 of :2022 pending on the file rf Xlll Additional Metropolitan Magistrate. Cyberabad at Ra.jendra Nagar; and vii) [-owever, liberty is granted to the petitioner herein to file an application h,efore the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.

6. Accordingll', the writ petition is disposed of. No c.sts Miscellancorrs petitions, if any pendi nBr shall stand closed //TRUE COPY// . A, SRINIVASA REDDY tgrANT REGISTRAR SECTION OFFICER To, 1 2 The Xlll Additior.lal Metropolitan Magistrate, Cybe The Sec Hyderab nion of lndia, Ministry of Externa IA arrs at Central Registry, 74 B, South Block. N 3. The Regional Passpo rt Officer, Door No. 8-2-2151o 219, Adjacent to Prashant 4. The Commissiorrer. Bu reau of lmmigration, f\,4inistry of Horrte Affairs, theatre, Kummarquda, Secunderabad - 500008 Rajend ranagar. Secretariat, ew Delhi. retary, L ad Also Shamshabad, Hlrderabad.

5. One CC to Sri Gr-nna Raghu Chandra Advocate [OPUC] 6. One CC to Smt fl. V. R. Rajyalakshmi, Advocate (OPUC) 7. One CC to Sri N. Avaneesh, Advocate (OPUC) 8. Two CD Copies BC JP 4L-tv G HIGH CO RT DATED: 10t1\l2ozs r Ir', t( ( 61 n I MT I a, c' "r, .\:._ ORDER WP.No.2Z 229 of 2025 DISPOSING OF THE WRIT PETITION COSTS WTTHOUT 1)'