High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRlT PETITION NO :234170F 202s Between: y;iHH,"$3',ill,iy??:,?f y,"J,iln:Xnffi :!,6,:?,"j:A?Bdiyears,occ AND

1. 2 9,33i R:lrtdil.f"o' o, its secretary, rhe Ministry or ExrernarArrairs, south IH*:td"JlX i}f""J:orricer, Resionar passport orrice D. No. 82215 to 2.re, ...PETITIONER ...RESPONDENTS petition under Articre 226 0f the constitution of India praying that in the circumstances stated in the affidavit filed therer the High court mav be pteased to issue a writ o..r].:.'::::-i':ltnerewith' r,J,:jj#*::]X ", il:Tj il::::il:; 1],",:,l decrar ns the act on passport to the petitioner vide notice Fire No. HyE076g44328524 inpursuant to the Passport apblication submitted by the petitioner vide File No. HYE076944328524 Apprication Reference No. 24-101 1397521 dated 13_09_2024 on the ground that a criminal case vide spr s.c. No 62 of 2020 incrime No. 18 of 2020 0n the fire of the porige p.S. Mavara Adirabad District on the fire of the Hon'ble the speciar Judge For scs srs Act cases Adirabad District at Adirabad is pending against him as being iregar, arbitrary, abuse of process of raw vioration of principles of natural justice and to set aside the notice File No. HYE076944329524 and consequenfly direct the 2nd respondent to Re_ issue/renew the passport to the petitioner by considering the passport apprication submitted by him vide No'HyE, 76944328524 Apprication Reference No. 24- I 1O11397521dated 13-09-2024 without reference to the pendency of the criminal case in the interest of justice IA NO: 10F 202s 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 direct the 2nd Respondent to Re-issue/renew the passport to the petitioner by considering the passport application submitted by him vide No' HYE076944328524 Application Reference No 24-101 1397521 dated 13'09-2024 without reference to the pendency of the criminar case pending disposar of the above writ Petition. Counsel for the Petitioner : M/s'DHARAVATH RAJITHA Counsel for the Respondents: SRI S'JANARDHAN GOUD' SENIOR CENTRAL GOVT. STANDING COUNSEL The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SIIRAVAN KUMAR PETITIONNo.23477 of 2025 ORDE R: Heard learned counsel for the petitioner and Mr.S.Janardhan Goud, Iearned senior Central Government Standing Counsel appearing on behalf of respondents. 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 filed seeking the following prayer:_ _^"-.l.,..d.".lrring the action of the 2nd Respondent in reJustng to renettt/ p;;;;;";.,","",ii{!"'"i.,-"r.',!;"{;;;i;:ru':roli; pursuant to the passport_ apptication ,,u,ii.ix"a Ug the petitioner uide Fiie N" hi;;-;;;;niiiiLrn .^o Apptication Reference w. z+ t o t l ssi;;i d.ated. 13.09.2024 on ifu "r?ynq|hat a ciminal case uide Spl S.C.No.62 of ZOio rit.".rii""if,i;i;Ki,;:"?:.Trl:;:".[:,i::::,ii file of the Honble the Special Jud.ge For SCs SIs cases, Aditabad. Districi.. ot ailo"o"oi"i" -p"rding asainst him as beins. ittesai,';;;;;ra'.Lu". o1 process of ratu uiotaiion if 'pi"ii"o justice and to se.t "iia| oi. not rol Fite No. HyE o 7 6 9 4 4 s 2 B s 2 4 ond .o n . jr2 ntt)" ii)" rt tn 2nd respc)ident to Re thepetitionerli"""i,liiiT/,';:;:":;:i:;;f::,,:I s.ubmitte.d bg lim utde No.HyEO7694432BS24 !p^4i:*r:: Reference. No.241o1 tssiizit " 13.O9.2O24 withaut ref .n^ino[ .o.rJ )" ' * - L r <1 et€rtce to the pendency of the "'ii*'norri.. . \'1 - '.1 ti2t i 3. The case of the petitioner is that he is holding passport uidePassportNo'M5577279dated21.o1.2o15whichgotexpired on 20.OI .2025. Accordingiy, petitioner has applied for renewal of passport before respondent authorities uide File No.HYEO76944328524 seeking for renerval of his passport' However, pctitioner has not disclosed about the pending criminal case against him in Spl'S'C No'62 of 2O2O in Cr. No. 18 I 2O2O registered at Mavala Police Station for the offences under Sections 353, 294-8, 324, 332 read with 34 of IPC and 3(r)(R)(s), 3(Va) of SC/ST(POA) Act uide Spl'SC'No'62 of 2O2OonthefileofSpecialJudgeforSC/STActCases,Adilabad District at Adilabad. As such respondent No.2 issued a letter d,ated. 21.O7 .2025 calltog for explanation' Petitioner, thereafter, on 05.08.2025 has submitted explanation stating that the said crime is at the stage of in'.zestigation only and that no charge sheet has been filed before the competent Court. However, respondent No.2 has refused the passport application of the petitioner and passed rejection order dateC 21,.O7 .2025 rejecting the application of the petitioncr on the ground of pending criminai case in Spl.S.C.No.62 of 2O2O in Cr.No. lB of 2O2O under Sections 35J, 294-8, 324, 332 read with 34 of IPC and 3(I)(R)(s), 3(Va) of SC/ST(POA) Act uide Spl.S.C.No.62 of 2o2O in ,.'i:: +.7 SC.No.62 of 2O2O on the file Cases, Adilabad District at rejection order, the present wnt petition is filed. 3 of Special Judge for SC/ST Act Adilabad. euestioning the said 4 learned counsel Today when the matter has been taken up for hearing, for the petitioner would submit that while dealing with the similar case, this Court uid.e order dated 07.O4.2O25 had disposed of the W.p.No.1O352 of 2O2S with certain conditions and learned counsel for the petitioner further pray this Court to pass similar order as passed in W.p.No.10352 of 2025.

5. Learned Standing counsel appea,ring on beha,lf of respondent Nos. 1 and 2 reported no objection in passing similar orders 6 Accordingly, this writ petition .is disposed of with a direction to respondent authorities to consider the case of the petitioner arld take sl:eps for release of the passport in due compliance of the findings of the Hon,Lrle Supreme Court in the r I '-Il\ ^-'1 ii4i:. case of Vangala Kasturi Rangachar5r'rlu v' Central Bureau of Investigationl- The directions are as follows: (i) (i0 (iii) - t- (ir) (v) The petitionei- shail submit an undertaking along with an affidavit before the Spl S'C'No'62 of 2O2O in Cr'No 18 of 2O2O on the file of Special Judge for SC/ST Act Cases' Adilabad District at Adilabad' stating that the petitioner will not leave India during pendency of the said C'C' without permission ol the Court and the petitioner will cooperate u'ith the Tri al Ccurt in concluding the criminal Proceedings' The Trial Court shall issue a certified copy of the undertaking along with an a-ffidavit u'ithin Two (2) weeks from the date of hling of the undertaking' Thc petition er shall submit the certified copy of the aforesaiC unclertaking along with the reply/ explanation before the concerned Passport officer for consideration of his application for renewal of PassPort' The Passport Authority shall consider the documents in the light of thc observations made by the Court as well as the undertaking and other clocuments filed by the pet'itioner' The petitioner shall also be at liberff to rely on the decisions in this regard' The Passport authority is directed to renew the passport of the petitioner without raising the ' 2o2o crt.L.J. (sc) 5?2 n M.. (vi) (vii) 5 objection relating to the pendency of the criminal proceedings before the Trial Court. The petitioner sha_ll deposit the original passport before the Special Judge for SC/ST Act Cases, Adilabad District at Adilabad, after renewa_l of the passport. The petitioner shall application before the SC/ST Act Cases, Adilabad District at Adilabad, seeking permission to travel outside India. The Special Judge for SC/ST Act Cases, Adilabad District at Adilabad shall consider the same in accordance with iaw. at libert5z to file of Special Judge aI.I

7. Recording the above disposed of, accordingly. said submission, writ petition 1S Miscellaneous petitions, pending, if any, shall stand ciosed However, there sha,ll b_g no order as to costs. SD/- A. SRE ENIVASA REDDY ISTANT REGISTRAR //TRUE COPYII SECTION OFFICER To,

1. The special Judge for sc/ST Act cases, Adirabad District, Adirabad.. 2. The secretarv. The Ministry of Externar Affairs, Union of rndia, south Brock, New Delhi. Kummarguda, Secunderabad.

3. The Reqionar Passoort officer, Regionar passport office D. No.82215 to 219, 4. One CC to M/s.DHARAVATH RAJ|THA, Advocate. tOpUCI 5. One CC to SRI S.JANARDHAN GOUD, Sr.SC for Central Government. toPti,cl

6. Two CD Copies. BSK -\rnL- HIGH COURT I DATED:0710812025 :-1 H5 -r ii 22 AUC 206 ! * D€soa ORDER WP.No.23417 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Ip Slat-