Ramesh Burra v. The Union of lndia

Petition under Anide 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 a writ order or direction more particularly one in the nature of I\ilandamus- declaring the action of 2nd Respondent to impound his passport bearing no.c3.102957 and further directing the Petitioner to submit the Petitioner's passport with immediate effect vide file no. HY3066986'101724, dated 1.7 .2025 on the ground that 2 criminal cases are pending against him vide 1) Cr' No. 502 of 2023 for offences under Section 1 88, 504, 341 , 143 tlw, 149 IPC of PS Bhupalapa , which is registered as cc No- 1428 ol 2O23 oo the file of. Prl. Judicial First Class Magistrate at Bhupalapally and 2) Cr' No 119 of 2024, for offences under section 341, ttw 149 IPC of PS Bhupalapally, which is registered as cc. No. 388 of 2024 on the file of Prl. Judicial First class Magistrate at Bhupalapally as illega{, arbitrary, unconstitutional, violation of principles of natural justice and contrary to the provisions of The Passports Act, 1967 and consequently direct the 2nd Respondent to restore the 't cilities of his passport bearing No. c3102957 and thereby permit his to travel ab oad without reference to the said criminal cases. lA NO: I OF 202 5 Petition under section 151 cpc praying that in the c rcumstances stated in the affidavit filed in support of the writ petition, the High c:( urt may be pleased to suspend the operation of order dated 1 .7 .2025 vide frle r o. Hy3066986101 724 issued by 2nd respondent, pending disposal of the abt e writ petition in the interest of justice. IA NO: 2 OF 202s Between: Ramesh Burra, S/o. Rajaiah Burra, Age. 43 years, O c: Business. Rl/o. C_2. [11ql YrJL,. cotony,.Ne6r GIvt Office, B'hupatapaily, .tar isnZnr'aiA-rirpr-tai,r-V Drstflct, I etangana, lndia- 506169. AND

1. The Union of lndia, Represented by its principal Secre t rrv. Ministrv of External Affairs. South Block, Secrirtariat, Raisina nitt, i eii O"fni, fi J,a 2 The Regi^ongt Passport Officer, O/o. The Regional pass port Office, D.No. 8_ '- - 2-215 to 219, Kummarguda, Secunderabad_-S00003, i tanganJ.--'- ...PETITIONER Unrcer, pS tshupalapali, Bhupalapalli District. 3 l[g-9!rl_"^"lTelangana, Iep by.its pubtic prosecutor, --t rough Station House 4. The State of Telangana, rep by its, principal Secretary )epartment of Home, Secretariat, Saifab,d, HyddratSad. ...RESPONDENTS ...RESPONDENTS/PROP() ;ED RESPONDENTS Petition under section 151 cpc praying that in the cir lumstances stated in the affidavit filed in support of the petition, irre uign corr may oe pteaieJ to implead Proposed Respondents as Respondent nos.3 g 4 in the above writ Petition No. 24326 ol 2025. Counsel for the Petitioner: SRI G. ANIL KIRAN KUMAR Counsel for the Respondents: DEpUTy SOLICITOR GENEI AL OF TNDIA The Court made the following: ORDER I HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24326 of 2o25 ORDER: This writ petition is filed seeking the following relief: "declaing the action of ttte respondent No.2 to impound the po.ssport of the petitioner beaing No.C31O2957 and to direct tlLe petitioner to submit hi-s po.ssport ruith immediate effect uide File no.11Y3O669861O1724, dated 01.07.2025 on the ground that fiuo ciminal cases are pending against the petitioner in Cime No.5O2 of 2O23 for the offences under Sections 118, 504, 341, 143 r/ u-t. Section I49 of the IPC of PS, Bhupalpall| ulhich is registered as C.C.No.1428 of 2023 on the file the leorned Principal Judicial First Class Magistrate at Bhupalpally a-s illega\ arbitrary and uiolation of pinciples of natural justice and controry to the proui,sions of Tte Passports Act, 1967 and prags to direct the respondent No.2 to restore the facilities of the pa-ssport of the petitioner beoring No.C31O2957 and therebg pennit the petitioner to trauel abroad without rekrence to the said ciminal cases. "

2. When the matter is taken up for hearing, learned counsel for the petitioner submits that, the similar and identical issue has been elaborately considered by this Court in its order dated

03.O9.2025 passed in Writ Petition No.24690 of 2025 wherein this Court held as follows: "Be that as it mdA, consideing the judgment of the coordinate Bench of this Court in W.P.No.35O56 of 2O23, dated O2.O1.2O24, thi.s Court directs the respondent No.2to con sider the Online Application filed bg the petitioner for .e@6 2 issuance of passport on the follouing condition; i) The petitioner herein sLnll submit an underlc u.tith an afftdauit in C.C.No.27O of 2O17, pendir.l of Judicial Magktrate of First Closs, Bellampt that he sl.nll not leaue India during pendencg of the said C.C., u.)ithou'. of the Court and that he shall cooperate Luith t. concluding the proceedings in the soid C.C.; ii) On fiting such an underlaking a-s uell as cJ tial Court shall issze a certified copy of the :;t two (2) uteeks there from; iii) The petitioner herein shall submit an applica along tuith certifted copy of this order as ,t aforesaid undertaking before the Passpon Authoity concerned for reneu-tal of passport; iu) On filing such an application, the Passptt Authoitg shall consider the same afresh in the obseruations made bg this Court herein as r, contents of the undertaking giuen bg the p= issuance of passport, in accordance uith lau, , (O3) tueeks from the date of said application; u) Respondent No.2 sl.nll consid.er Rute 12 of tl Rules, 1967 uhile consideing the aforesaid submitted bg the petitioner; ui) On Asuance of the Pa.ssport, the petitioner t deposit the same before the tial Court in C.l 2O17 pending on the file of Judicial Magistr c Clas s, Be llamp al Ii ; and uii) Hou.teuer, liberty b granted to the petitione file an application before the leaned Magistro ring olong on the file lli, stattng )enmsston tl Court in idauit, the me u.tithirt ion afresh .-ll as the Olficer / Officer / ight of the ell as the itioner for ithin three z Passport tpplication zrein shall No.27O of .e of First ' herein to e seeking 3 permission to trauel abroad, and it is for the leamed Magistrate to consider the same in accordance u-tith laut-" a\) Since the issue involved in the present writ petition is squarely covered by the order of this Court, the present Writ Petition is disposed of directing the respondent No.2 to follow the directions issued by this Court in Writ Petition No.24690 of 2025 and pass appropriate orders in accordance with law. Pending miscellaneous applications, if any, sha-Il stand closed To, //TRUE COPY// SDIL. VIJAYA LAXMI ASSISTANT REGISTRAR ,,.. (_v SECTION OFFICER

1. The Principal Secretary, Ministry of External Affairs, South Block, Secretariat, Raisina hill, New Delhi, lndia

2. The Regional Passport Officer, O/o. The Regional Pass Port Office, D.No. 8- 2-215 lo 219, Kummarguda, Secunderabad- 500003, Telangana

3. One CC to SRI G. ANIL KIRAN KUMAR, Advocate [OPUC] 4. One CC to DEPUTY SOLICITOR GENERAL OF lNDlA, toPUCl

5. Two CD Copies PMK BS (k HIGH COURT DATED:2B t1O11O2S I I ORDER WP.No.24326 of 2025 I J c :) t 1HE- .:' i n i\. (.,i. 3 0 BEc 115 (;l .t * D I DISPOSING OF THE WRIT PETITION WITHOUT COSTS (t