Mrs. Shrutika Kankani v. 'I . Union of lndia

Petition under Article 226 of |he constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ of Mandamus or any other proper writ or other order or direction declaring the act of Respondent No.2 in rejecting the Application of the petitioner herein under File No.HyJ07s24324gg2s. dt. 26.06.202s for renewing the Passport vide No. c143s284 dated. 08.09.2024 issued for a period of one year till 07.08.2025 as illegal, arbitrary and contrary to law thereby directing the Respondent No.2 to renew the passport vide No. c143s2g4 of petitioner for a period of '10 years. lA NO: 1 OF 2025 Petition under Section 15i 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-2 herein to renew the passport of petitioner bearing Passport No. C1 435284 for a period of 10 years pending disposal of the writ Petition. Counsel for the Petitioner : SRI DAMODAR MUNDRA counser ror the Respondents No.1&2' iStBR?r#,rrlilEtr, Counsel for the Respondents No.3 : SRI M.SRINIVAS, AGP FOR HOME The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 223OO of 2025 ORDER: Heard learned counsel for the petitioner and Mr.M.Srinivas, learned Assistant Government pleader for Home appearing on behalf of respondent No.3. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself. 2 This writ petition is frled seeking the following prayer:- "...declaring the action of Respondent No.2 in rejecting the Application of the petitioner lterein under FiLe No.HYJO75243249825 dt.26.O6.2025 for reneu,ting the Passport uide No.C1435284 dated. OB.OB.2O24 issued for a peiod of one year till 07.08.2025 as illegal, arbitrary and contrary to lana thereby directing Respondent No.2 to reneut the Passport uide No.C1435284 of Petitioner for a peiod of 1O gears..-"

3. The case of the petitioner is thaf he has applied for renewal of passport uide Application No.C1435284 issued on Og.Og.2O24 for a period of one year which is going to expire on 07.Og-2O25. Thereafter, petitioner sent e-mail correspondences, for renewal of passport which has been forwarded to respondent No.2. However, respondent No.2/authorities have rejected the application of the petitioner uide order dated 7O.O7.2025 on the ground of pendency of criminal case in C'C'No'7789 of 2O2O beforevllAdditionalChiefMetropolitanMagistrate, Nampally, Hyderabad. However, learned counsel for the petitioner submits that the said case is false ald frivolous case and petitioner was arrayed as Accused No 4' Aggrieved by the same, the present writ petition is frled' Today u,hen the matter has been taken up for hearing' 4 learned counsel for the petitioner lr'ouid submit that while dealing with the similar circumstances, this Coutt uide order dated 07.04.2025 had, disposed of the W'P'No'10352 of 2025 with certain conditions a-I1d learned counsel for the petitioner further pray this Court to pass similar order as passed 1n W.P.No.10352 of 2025.

5. Learned Standing counsel appearing on behalf of respondent Nos.l and 2 reported no objection in passing similar orders

6. Accord,ingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioner and take steps for renewal of the passport in due ::3:: compliance of the findings of the Hon,ble Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationr. The directions are as follows: (i) (ii) (iii) The petitioner sha,ll submit al undertaking along with an aflidavit belore the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad in C.C.No.7789 of 2020, stating that the petitioner will not leave India during pendency of the said C.C. without permission of the Court and the petitioner rvill cooperate with the Trial court in concluding the criminal proceedings. The Trial Court shall issue a certihed copy of the undertating along with al affidavit within Two (2) weeks from the date of filing of the undertaking. The petitioner shall submit the certihed copy of the aforesaid undertaking along with the reply/ explanation belore the concerned passport Officer for consideration of his application for renewal 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 liled by the petitioner. The petitioner sha-ll a,lso be at liberty to rely on the decisions in this regard. The Passport authority is directed to renew the passport of the petitioner without raising the (v) ' zozo crt.t.l. 1sc1 slz \ i ("i) (vii) ::4:: objection relating to the pendency of the criminal proceedings before the Trial Court. The petitioner sha-Il deposit the original passport before VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad in C.C.No.7789 of 2O2O, after renewal of the passport. The petitioner shall be at liberty to file an application 6efore the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad in C.C.No.7789 of 2020, seeking permission to travel outpide India. The VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad shall consider the same in accordance with law.

7. Recording the above said submission, rvrit petition 1S disposed of, accordingly. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs sD/-M. osMAr.r ALI aAtG- ASSISTANT REGISTRAR - I Note: That the error crept in wrongly reading the name of the court as "Chief Metropolitan lvlagistrate, Hyderabad" in place of "Vll Additional Chief Metropolitan Magistrate, Hyderabad" in Paragraph Nos.3, 6(i), 6(vi), 6(vii)of the Order, dated 31-07-2025 in W.P.No.22300 of 2025. The same is corrected and amended as per the Order, 07-08-2025 in t.A.No.2 of 2025. This Amended order shall substitute the eadier order which has already been dispatched on 31 -Ot -2025. //TRUE COPYII D/.M.OSMAN ALI BAI G ISTANT REGIST A SECTION OFFICER To, secretariat, Union of triAia, frrer,ri Oer;i.'"' '"' ^"'', 'l . The Principal Secretary,,.Ministry of External Affairs, E-Block, Central 2 The Regionar passport office Hyderabad, secunderabad, Terangana state. 3. The Station House Officer, Malakpet police Station Malakpet, Hyderabad. 4. One CC to SRt DA|\4ODAR MUNDRA, Advocate. tOpUCl 5. One CC to SRt ANGOTHU NEHRU, (SC FOR CENTRAL GOVT). tOpUCl u lyo""?r"o'"::3?i* HoME' High court ror the State or retangana at

7. Two CD Copies. BSK M. HIGH COURT DATED:3110712025 0710812025 CC TODAY \\t 1 STAT 2$5 G.l * r$B 1 ^ * DS 5 PA( e <) I , AMENDED ORDER WP.No.22300 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I g l\