The High Court · 2025

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 24135 OF 2025 Between: Raziya. Beg-um,- Wfo. Moulana Mohammed, Aged 55 yrs. Occu. Household, R/o. H.No. 6-1-30/5/1 , Srinagar Colony, Godavirikhani,-peddapaili 505 209 AND

1. The Union of lndia, Rep. by its Prl. secretary, Ministry of External Affarrs, South Block Secretariat. Raidina Hills, New Delhi. 2 The Regronal passport Officer, Hyderabad Region, clock Tower, Secunderabad. ...PETITIONER

3. The Station House Officer, Jagtial Town police Station, Jagtial District. 4 Shaik Jlsmine, Wio Heman Aged 26 yrs, Occu House wife, R/o Srinagar Colony, Godavari Khani, Jagtial District. ' R4 is impleaded as per C.O. d1.26.08.2025 in lA. No.2l2O2S ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring, the action of the 2nd respondent in refusing to issue passport to the Petitioner vide Letter Ref. No. oBJt1o4g7l32o8 HY7065279701025 is illegal, arbitrary, violative of the principles of the natural justice, against the settled principles of law and also violative of Articles '14, 1g and 21 o't the Constitution of lndia, the Passport Act, .1967 and the principles of natural justice and consequently direct Respondent No.2 to issue passport to the Petitioner vide Refusal order dated 06-08-2025 in passport Application File No. HY 7 06527 97 01 025 forthwith, II lA NO: 1 OF 2025 Petition underr Section 151 CPC praying that in the c r:umstances stated in the affidavit filed in support of the petition, the High Cou r. may be pleas6d to direct the 2nd resl:ondent to issue the petitioners passpi)rt in pursuant to the application File No HY7065279701025 daled 22-06-2025 nirhout reference to the criminal case vide c c No 199 of 2023 on the file of t.rtdl. JFCM at Jagtral. pending disposal ol the above Writ Petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the cir,:;umstances stated in the affidavit filed irr support of the petition, the High courl may be pleased to implead the Respondent No 4 as party in W.p. No. 24135 of 2025 as a proper and necessary part/ in the interest of justice. Counsel for the Petitioner : SRI VENKAT REDDY KODUMtJRy Counsel for the Respondent Nos. 1, & 2: SRI ANGOTHU NEHRU (SC FOR CENTRAL GOVT Counsel for the Respondent No. 3: Gp FOR HOME Counsel for the Respondent No.4:--- The Court made the following: ORDER i. * i J I j a f * * a t t * a s I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 24135 0F 2025 ORDER 'l'his Writ Petition is filed aggrieved by the inaction of the 2.d respondent in refusing to issue passport to the petitioner vide letter Ref.No.oBJ I ro497732o8 I 2s, dated 06.0g. 2o2s rn passport Application File No.Hy7O652Z9TO|O2S, is illegal and consequently, direct respondent No.2 to issue passport to the petitioner vide refusal order dated 06.Og.2O2S.

2. Heard Sri K.Venkat Reddy, learned counsel for the petitioner, Sri Angothu Nehru, learned Central Government Standing Counsel appearing for respondent Nos. 1 and 2, and learned Government pleader for Home for respondent No.3. Perused the record.

3. Learned counsel for the petitioner submits that the issue rarsed in this writ petition is squarely covered by the order of this irr W.P.No.14753 of 2025, dated 11.06.2025, wherein this Court relving upon the guidelines issued by the Hon,ble Apex Court as u,ell as this Court in various judgments where issuance of passports are pending on the ground of registration of criminal cases, held that pendency of criminal cases is not a ground to rcfuse passport. 4- 2 I l,earned counsel for the petitioner furthcr submits that 4. following the said de cision' recently' this Court p'rssed orders in WP.No.17367 of 2025' dated 25'06'2025' directing the respotrdents to consider the application of the p:titioner' subject to certain conc,itions as mentioned therein that the 5. Learned counsel for the petitioner further s 'rbmits petitioner's daughter, Amttrl Afreen' is curre rrt.ly residing in a high-risk pregnar ( \" Her expected abroad and pregnant, "vith delivery is in live weeks, and doctors have advisec' thtrt petitioner's presence is rLecessary for proper care during : r'd after delivery' the responrlent authorities may be directed to cc r rsicle r petitioner's to take care of passport zrpplication so as to enable the petitiorl::r her pregnant daughter'

6. On tht: above submission being made' learned Standing Counsel appearing for respondent No'2 does not dispute the aJoresaid po:;ition of 1aw and stated that he has ro objection if this Court u,ere 1o direct the authorities for conside - ng the petitioner's as mentioned in passport appiication, subject to the conditions' W.P.No.14753 of 2025 and W'P No'17367 of 2A2'5 7 In view of the aforesaid submisstons' tl is Court deems it appropriate to dlspose of the writ petition in tcr r-r-t s of the orders tn 3 W.P.No. 14753 of 2025, dated, Lt.06.2025 and W.p.No. tT36T of 202s B. Accordingly, the Writ petition is disposed of directing the respondent No.2 to consider the petitioner,s passport application No.HY706g27g7OtO2S, d,ated 22.06.2025 and take steps for release of the passport in due compliance of the lindings of the Hon'ble Supreme Court in the case of Vangala Kasturi Rangacharyulu Vs. Central Bureau of Investigattonr, subject to the following conditions: t1 tlt. lv. The petitioner shall submit an undertaking along with an aflidavit before the Iearned Additional Judicial First Class Magistrate at Jagityal, in C.C.No.l99 of 2023, stating that she will not leave India during the pendency of the C.C without permission of the Court and that she will cooperate with the trial Court in concluding the criminal proceedings. The Trial Court shall issue a certified copy of the undertaking and affidavit within a period of two (O2| weeks from the date of filing of the undertaking. The petitioner shall submit the certified copy of the aforesaid undertaking along with the replj/explanation before the corrcerned passport Oflicer for consideration of her application for issuance of passport. The Passport Authority shall consider the d.ocurEerts in the light of the observations made by the Courts 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 petitioner shall deposit the original passport before the trial Court in criminal case after issuance oi th" p.""po*. The petitioner shall be at liberty to file an application before the learned Additional Judicial First Class Ma-gistrate at Jagityat, seeking permission to travel outside IndL and the learned Magistrate, shall consider the same in accordance with law. ' zozo crt.r.l.(sc) su z .-T 4 Consequentlv, miscellaleous applications, p t nding if ar,ty' shall stald close d. No order as to costs' I SD/-P. PONNA KRISHNA AS3ISTANT REGISTRAR \\ //TRUE COPY// CTION OFFICER To, South Block Secretarlat. Raisina Hills New uelnr

1. The Union of lndia, Rep. by its Prl gecre-lary' Mini;iry of External Affairs' 2. fhe Regional passport Officer, Hyderabad F t-'gion' clock Tower' Secunderabad.

3. One CC to SRI VENKAT REDDY KODUMURY Advo:ate [OPUC] 4.oneCCtoSRl'ANGOTHUNEHRU(SCFoRCENIRALGoW)Advocate 5. Two CCs 1o GP FOR HOME, High Court for the State of Telangana' loPUCl Hyderabad [OUT]

6. Two CD Cooies I)VI I]S + a a a . a a HIGH COURT DATED:2210912025 ORDER WP.No.24135 of 2025 l (i' ,' .i, i r..1 ,€ 4-. ./t. ,i, c !) 1t{ 0[r 201[ * ot : 'P4't ,lH \) i DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 4 ,n- // //2