S/O. MAIIA RCddY' AgEd v. South Block, New Delhi
Case Details
Acts & Sections
1. Union of lndia, Rep by The Ministry of External Affairs' Central Registry' 74 B 2. Union of lndia, nep ov'iis Secretary Ministry of Home Affairs' New Delhi 3 The Resion"r ers.pJrt'6EilEi, Hia{;;n;qD-oor No 8-2-215 to 21e' Adjacent d;Giau,O nt Gachibowli Telanqana State' 4 The Commissioner "ii;;ll;;; 5 Sri Vasireddv r-ohitn.'S6"5ii'i"ii"E"ad' Aoed 33 vears' occ Bustness' "il;ili-M;*"r onb Apartm6nts' Gajularamaram' R/o H No. u r'ro c-3"0i Hyderabad 500055. R5 impleaded as per C'O'dt'25'08'2025 in lA No'2/2025' ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ, Order or Direction more particularly Te in the nature of Writ of Mandamus i) by declaring the action of the Respondent No 3 in issuing lettefthedated05/08/2025inproceedingsfortheapplicationmadebythe petitioner for the issue of passport vide file No' HY1077085954524 dated 04.11.2024 on the ground that there is pending S C No 174 ot 2024 in Cr No and 306 of IPC pending on the file of the 428 of 2021 under Section s 417 '420 Honble Principal Senior Civil Judge Cum Chief Judicial Magistrate' Medchal- Malkajgiri District, at Kukatpally as being void' null' arbitrary and against Artrcle 14, 19 and 21 of the Constitution of lndia ii) And consequently direct the -7 Respondent No.1 an(l 3 to rssue the passport to the Petiti,rner in the interest of justice lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit frled irr support of the petition, the High cot rt may be pleased to direct the Respondent No 1 and 3 to issue the passport to 'he Petitioner pending disposal of the main \/Vrit Petitron in the interest of justice Counsel for the Petitioner: SRl. S AKHILESH REDDY Counsel for the Respondent Nos. 1to3: SRI B. JITHENDEF (CENTRAL GOVT COUNST:L) Counsel for the Respondent No.4: GP FOR HOME Counsel for the ResPondent No.S:- The Court made the l'ollowing: ORDER .7 / THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.24139 OF 2025 ORDER: When the matter is taken up for hearing, learned counsel for the respective parties submitted that the issue raised in this writ petition is squarely covered by the order passed by this Court in W.P.No.2230O of 2025, dated 31.O7.2025 and therefore, the present writ petition may be disposed of in terms of the said order.
2. In view of the above submissions, this Writ Petition is disposed of in terms of the order, dated 31.07.2025 passed by this Court in W.P.No.223OO of 2025. No costs As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/-MOHD. ISMAIL EPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, Block, New Delhi. 1 The Ministry_of External Affairs, Union of lndia, Central Registry, 74 B South 2. The Secretary, Union of lndia, Ministry of Home Affairs, New Delhi 3 The Regional. Passport Officer, Hydeiabad Door No.8-2-215 to 219, Adjacent 4. The Commissioner of Police, Cyberabad, At Gachibowli, Telangana State. 5. One CC to SRI S. AKHILESH neOOV, Advocate topUCl to Prashant Theatre, Kummarguda, Secunderabad - 500 003. i // //, 6 7 o. i'JH iTsfi E, ?,.#'3X5,-o3yT* o. One CC to SRt B Two CCs to Op Hyderabad [OUTI lwo CD Copies (Along with a copy of the order W p. No. 22300 ot ZO25 1 ],: ? +3,: y,."r" ",, BM BS t HIGH COURT DATED:03 t09t2025 ORDER WP.No.24139 of 2025 ../: .:. ' .^ /... 2 i SEP 2025 .:,r ,,, I DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ P lr H'.- r / / { HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.223OO of 2o25 ORDER: Heard learned counsel for the petitioner and Mr.M.Srinivas, Iearned 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 filed seeking the following prayer:- "...declaing the action of Respondent No.2 in rejecting the Application of the petitioner herein under File No.HYJO75243249825 dt.26.06.2o25 for renewing the Passport uide No.C1435284 dated 08.08.2024 issued for a peiod of one gear till 07.08.2025 as illegal, arbitrary and contrary to law therebg directing Respondent No.2 to renew the Passport uide No.C1435284 of Petitioner for a period of 1O gears..."
3. The case of the petitioner is that he has applied for renewal of passport uide Application No.C1435284 issued on O8.O8.2024 for a period of one year which is going to expire on O7.Oa.2025. 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 1O.O7.2025 on the ii2,i ground of pendency of criminal case in C.,1.No.7789 of 2O2O before Chiel' Metropolitan Magistrate, Narr rpa1lr,, Hyderabad. However, learned counsel for the petitioner su bmits that the said case is false and frivolous case and petitior- er was arrayed as Accusecl No..l. Aggrieved by the same, the prr:;ent writ petition is fi1ed.
4. Today ,;17hsn the matter has been take n up for hearing, learned courLsel for the petitioner would s ubmit that while dealing with the similar circumstances, this Cor,rrt uide order dated 07.04.:2O25 had disposed of the W.P. rlo. 10352 of 2O2S with certain conditions and learned counsel for the petitioner further pray this Court to pass similar or ler as passed 1n W.P.No.7O352t of 2O25
5. Learned Standing counsel appearin5 on behalf of respondent Nos.1 and 2 reportecl no objection n passing similar orders.
6. Accordingly, this writ petition is disg osed of with a direction to re,spondent authorities to conside: the case of the petitioner and take steps for renewal of the passport in due ::3:: compliance of the frndings of the Hon'ble Supreme Court in the case of Vangala Kasturi Rangachaqrulu v. Central Bureau of Investigationr. The directions are as follows: (0 (ii) (iii) (i") (v) The petitioner shall submit an undertaking along with an affidavit before the Chief Metropolitan Magistrate, Nampally, Hyderabad in C.C.No.7789 of 2O2O, stating that the petitioner will not leave India during pendency of the said C.C. without permission of the Court and the petitioner wili cooperate with the Trial Court in concluding the criminal proceedings. The Trial Court shall issue a certihed copy of the undertaking along with an afhdavit within Two (2) weeks from the date of filing of the undertaking. The petitioner shail submit the certified copy of the aforesaid undertaking along rvith 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 the observations made by the Court as well as the undertaking and other documents filed by the petitioner. The petitioner shall also 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 ' zozo crl.L.l. (sc) szz \.. \' (vi) (vii) ::4:: objection relating to the pende rrcy of the crimina-l proceedings before the Trial CoL rt. The petitioner shall deposit thr e1iglns1 passport before Chief Metropolitan Mar istrate, Nampally, Hyderabad in C.C.No.7789 of 2020, after renewal of the passport. The petitioner shall be at I ibertv to file an appiication before the Cl ief Metropolitan Magistrate, Nampally, Hyderabrrd in C.C.No.7789 ol 2020, seeking permission to travel outside India. The Chief Metropo rtan Magistrate, Nampally, Hyderabad shall consider the same in accordance with law.
7. Recording the above said submissior-r writ petition 1S disposed of, accordingly. Miscellaneous petitions, pending, if rny, shall stand closed. However, there shall be no order as to ( osts. Date: 31.O7.2r)25 N.V.SHRAV.6,N KUMAR,J I t i I i i I I , I I I I I I l