High Court · 2025

The Regional Passport Officer, O/o The Regional Passport Officer D.No B-2- 215 to 219, Kummurguda, Secunderabad-500003, T.S. Sri Sachin Sharma, S/o Sh Ragbar Dayal Sharma Age 32 years, Occ Authorized person of Tommy Hilfiger Licensing LLC Company O/o E-1 Lower Ground Floor, Lajpat Nagar lll, New Delhi 110024. R3 is impleaded as per C.O. dt.26.08.2025 in lA. No.212025 .,.RESPONDENTS Petition under Article 226 of lhe 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 a writ of [\/andamus, declaring the action of the 2nd Respondent in not re- issuing/ renewing petitioner's passport bearing No. 26901912 pursuant to the application of pending accused in a criminal case vide Cr.No.201 ol 2024 Uls 318 (4) BNS and Sec 63 of Copy Rights Act-1957, in which police filed charge sheet and the trial court has taken the cognizance of the same and is numbered CC No. 168812024 and the same is pending on the file of Hon'ble ll Additional [\,4etropolitan [\,4agistrate at l\/alkajgiri, Hyderabad which is pending trial as illegal, arbitrary, unconstitutional, in violation of principles of natural justice, and contrary to the provisions of the Passports Act, 1967, and consequently direct the 2nd respondent to re-issue/ renew the petitioner's passport bea.irg No. 26g0.1 g.1 2 by processrng the apprication via Fire number Hy1o7s4os2s4 )ir5 dated 17.o7.202s without reference to the said criminal case. IA NO: 1 OF 2O2s Petition under section 151 cpc praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High cor r may be preased to direct the 2nd respondent to consider the petitioner's r;prication vide Fire number HY107540s2s4925 dated 17.07.202s for re-iss, irg/ renewar of his passport bearing No Z 6g0'1g12 without reference to rriminar case vide cr.No.20'l of 2024 U/s 318 (4) BNS and sec 63 of copy R,7rts Act-.r 957, which is pending triar, vide cc No. 16g812024 and the same is 1 ending on the fire of Hon'ble ll Additionar l\,4etroporitan IVlagistrate at tVrarkajgi, r. Hyderabad in the interest of justice, pending disposal of the above writ petitior Counsel for the Petitioner: SRI GAJULA PREM KUMAR Counsel for the Respondent No.1 & 2: SRI KALVALA SANJEEV, SC FOR CENTRAL c CIVT The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.24498 of 2o25 ORDER: This Writ Petition is filed to issue a writ, order, or direction, more particularly one in the nature of a writ of Mandamus, declaring the action of respondent No.2 in not re-issuing/ renewing the petitioner's passport bearing No.26901912 pursuant to the application uide File No.HY1075405254925, dated 17 .O7 .2025 on the ground that the petitioner is an accused in a criminal case uide Cr.No.2Ol of 2024 U/s. 318 (a) BNS and i Section 63 of Copy Rights Act 1957, in which police filed charge sheet and the trial court has taken the cognizance of the same and has numbered CC No.16BB of 2024 and the same is pending on the hle of Honble II Additional Metropolitan Magistrate at Malkajgiri, which is pending trial Hyderabad as illegal, arbitrary, unconstitutional, in violation of principles of natural justice, and contrary to the provisions of the Passports Act, 1967, and consequently direct respondent No.2 to re-issue/ renew the petitioner's passport bearing No.Z69Ol912 by processing the application uia File No.HY1O75405254925, dated 17.O7.2025, without reference to the said criminal case. \, ./ I 2

2. Sri G. Prem Kumar, learned counsel for the petitioner submitted that tl-re issue raised in this writ petit: r I is no ionger res integra in view of the order, dated 14.03.202,1 liassed by this Court in W.P.No.28O2 of 2024, wherein this Cou t relying upon the guidelines issued by thc Hon,ble Apex C<.rurt as v.ell as this Court in various judgments, where the passports rre pending on thc ground of registration of criminal cases, held t r:Lt pendency of criminal cases is not a ground to refuse the passpo.t.

3. Sri K. S:lnjeev, learned Standing Coun s , for Central Govcrnment, fot' respondent Nos. 7 and 2 has n, t disputed the said fact and stated that the present case is coverll by the ordcrs passed by this Court in W.P.No.2802 of 2024.

4. In viern, of the aforesaid submissions, this I turt cieems it appropriate to chspose of the writ petition in terr r; of the order passed by this Court in W.P.No.28O2 of 2024, da e d t4.O3.2024 and the respondents are directed to consider l e petitioner,s application No. H \' I 0754O 5254925, dated t7 .O7 .20 I r>, by. follorving the procedure contemplated under Section 6 (2) (l) of the Passports Act, 1967 and the Rules made thereul der, subject to thc lbllon'ing conrlit ions:- -/ / 3 1 . The petitioner shall submit an undertaking, along with an alfidavit in C.C.No.1688 of 2024 on the hle of the II Additional Metropolitan Magistratd at Malkajgiri stating that he will not leave India during pendency of the said case without permission of the Court and that he will cooperate with the trial Court in concluding the proceedings in the said case. I \

2. On frling of such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same to the petitioner within a period of two (O2) weeks therefrom.

3. The petitioner shall submit a certihed copy of the aforesaid undertaking before the Passport Officer for issuance of his passport and the Passport Ofhcer shall consider the application No.HY10754O5254925, dated

17.O7.2025, submitted by the petitioner in accordance with law, within two (O2) weeks from the date of submission of such undertaking.

4. On issuance of passport, the petitioner shall deposit the same before the trial Court in C.C.No. 1688 of 2024 on the frle of the II Additional Metropolitan Magistrate at Malkajgiri. However, liberty 1S granted to the petitioner to hle an 4 application before the trial Court seekir g permission to travel abroad and it is for the trial Cour to consider the same in accordance rvith law.

5. Accordingly, this Writ Petition is disposed ,f. There shall be no order as to costs. Miscellerneous applications, il any penclrng, shall stand cioscd //TRUE COPY' I;D/- B. REKHA RANI SIIiTANT REGISTRAB 3 SECTION OFFICER r .Secletgry,. l\,4inistry of Externat AffairYSc uth Btock, Secretariat, The ll Additionat t\,4etropolitan l\rlagistrate at Mald)gi; l!9 eri19!pa] Raisina Hill. New Delhi, lndia, Union of lndia. Jlg nq9lq"g] Passport Officer, O/o The Regionat pasr,port Officer D.No B_2- 215 to 219, Kummurguda, Secunderabad-50b003, T.S. One CC to SRI GAJULA PREIV KUMAR, Advocate [Op JC] One CC to SRI KALVALA SANJEEV, SC FOR CENTRT L GOW. [OPUC] Two CD Copies To, 1 2 3 4 b BSR GJP HIGH COURT DATED: 1110912025 ORDER WP.No.24498 of 2025 ! i-.. \ 'r1[tTffi '.;. : DISPOSING OF THE WRIT PETITION, WITHOUT COSTS o ..)