Venkatesh Puppala v. The Union of lndia

Sri Asham Chiranjeevi, S/o Bikshapathi Goud. Aged 31 years, Occ Pofice Constable G. No. 260'l , P.S. Rajampet, R/o Lachapet village, tt4achareddy mandal, Kamareddy District 5031 1 1. R4 is impleaded as per C.O. d1.04.09.2025 in lA. No.2l2D25 ..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affrdavit filed therewith, the High Court may be pleased to rssue an appropriate order, direction or writ, more particularly one in the nature of Writ of [Vlandamus, declaring the action of the 3rd Respondent rn not renewing the petitioner's passporl vide File No. HY4075060104325 dated 21 .O5.2025, as illegal, arbitrary, without jurisdiction and violative of Articles 14, t 9(t )(g), and 21 of the Constitution of lndra. and consequently direct the Respondents to forthwith renew the petitioner's passport under the said file for a period of '1 0 years, in terms of Section 10 of the Passports Act, 1967 Rule 12 of the Passport Rules. 1980, and the Gazette Notificatior issueC by rhe Central Government vide GSR No 570(E) dated 25.08.'1 993. vr lrout referernce to the pendency of the criminal proceedings in C.C. No. 1856 of ,,')21 on th,: file of the Hon ble Additional JCJ-cum-Special l\,4obile Judge at Kamar.,dd!, lA NO: 'l OF 2025 Petit on uncer Section 151 CPC praying that in thr: r:ircumstances stated rn the affrdav t filel in supporl of the petition, the High Co, 1 may be pleased to direct the Respondents to forthwith consider and prr:;:ss the petltioner's application for renei.val of passport vide File No. H\'; t75060104325 dated 21 .05.2025, for a period of 10 years, without refer'; ce to the criminal proceedrngs pending against the petitioner in C.C. No. 1B5 j cf 2021 ot the file of the Hon'ble Additiona JCJ-cum-Special l\,4obile Judge, K,rn'rreddy. and in terms of the Gazette Notrficairon issued by the Central Govcrl nent v de GSR No. 570(E)dated 25.08 1993 Counsel for the Petitioner: SRI PADAM RAJENDAR Counsel for the Respondent No.1: SRI N.BHUJANGA RAC,, DEPUTY SOLICITOR G:hlERAL OF INDIA The Court made the following: ORDER THE HON'BLE SRI WSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24769 OF 2o25 ORDER: 'l'he Writ Petition is filcd challengir.rg tire inaction of Rcspondent No.3 in not reneu,ing the petitioner's passport uide File No HY4075060 104325, dated 21.O5.2025, on the ground of lrcndirrs criminal proceedings in C.C.No.1856 of 2O2l on the filc ol thc learned Additional JCJ-cum Special Mobile Judgc at Kamar crldy

2. IIcard M/s.Padam Rajendar, learned counsci for petitioncr, Sri N.Bhujanga Rao, learned Deputy Solicitor General of India for rcspondcnt No.1. Perused the record il. Lcarned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a grour-rd hrr clcnral of passport. He relies on the judgment of this Courrt in W.P No.2422 of 2024, dated 26.02.2024.

4. Learned Counsel for the respondents subr-nits that a criminal case ulde C.C.No.1B56 of 202 I under Section 353 r/u,34 of IpC on tlrc lilc ol Additional JCJ cum Special Mobile Judge, Kamareddl,, is pending against the petitioner. It is submitted that the respondent -@ \ rl\ \,, ..1_ /.,1 trrt- ilLrthorities \\rould consider thc petitioner's application lor ar periocl of one 'ear onl_\-. if he obtains permissiolt to travt:, abroad l-om tlt<: cour-L s,here the criminerl c:'rscs arc pending again,;t him.

5. Bc that as it ma1,, considering the judgmcnr ,rl thc corrdinirrr: Berr<:lr ol rhis Courr in W.P.No.35056 of 2023, rl.tcd 02.tr 1.2()2+. and the pllrpose lor ufiich the passport is bcing r cqtLesterl b_r thc petitioner. this clourt dirccts thc respondent \o 3 1o rcr-rcu thc, .,:', .3,:i passport to the ltctitioner or1 the follou,ing conditic,r- s: i) The pctitioner herein shall submit an un<I,:rtaking a.long '.vith an aff-rdavit in C.C.No.1856 of 2O2L, pending on the file oi the Additional JCJ-cum-Special Mobile Judge , Kamareddi,.. stating that he shall not leawe India during pcndency of the s;id C.C., witho{t permission of the Court and that he s.nill coopcrate rvith tria! Court in concluding the proceedings in thr: said C.C. iil On frling such an undertaking as well z.s affrdavit. the trial Court shall issue a certified copy of the samr: rvithin two (2) rveeks therefrom; iii) The petitioner herein shall submit a n application afresh along rvith certificd copy of this order a:; well as the aforesaid undertaking before the passport Offic:r / Authority conccrned for renewing the passport; iu) On fiIing such an application, the passrport Officer/ Authority shall consider the same afresh in the light of the observations made by this Court herein as well as il.e contents of the undertaking given by the petitioner for renewing of the passport, in accordance with law, within three {(r3 } we;ks Iiom the date cf saiC application; v) Respondent No.3 shall consider the f,assport Rules, 1967 while considering the application for rent,wing of the passport to the petitioner; vi) The competent authority shall specify the permission period of one ycar for the petitioner to retain tl.e passport for travelling abroad, and also obtain appropriate un,ft rtaking from thc petitioner stating that the petitionei shall nct overstay the permitted period and shall surrender the passport u.con return to India. vii) Any other condition as deemed appr,)Irriate by the trial Court. s . l-r.ta4$-,Y;;' *fiil.l.At l NII[,J tvP 2J?69 1025

6. Accordingly, the Writ Petition is disposed of. There shall be rro ordcr as to costs. t\,liscellan cous petitions, if any, pcnding in this Writ Petition, shall stand closed. To, i/TRUE COPY// SD/. C.DEEPIKA ASSISTANT REGISTRAR @ SECTION OFFICER

1. The Addrtional JCJ-cum-special IVlobile Judge, Kamareddy. 2. The Principal Secretary, I\rlinistry of Externar Affairs, South block, New Derhr, - Union of lndia-1'10001 3 ThlChief Pas_sport Officer. passport Authority ol lndia, pSp Division. I\,4inrsrrv or trxrernar Attarrs. Room No g. patiara House. Tirak r\,4arg. New Derhi '_ 110001. o IP^ffqlq1?l _P.?rtqgl.. Officgr. Resional passport office. Hyderabad uepanment ot txternal Affairs, Government of lndia 5. One CC to SRt PADAM RAJENDAR Advocate [OPUC] 6 One CC to SRt N.BHUJANGA RAO, DEpUTy SOL|C|TOR GENERAL OF ' .- -' lNDlA, High Court for the State of Tetangana at HyderabadlOpUCt'-

7. Two CD Copies BSR HIGH COURT DATED: 0811012025 ORDER WP.No.24769 of 2025 -1a: ,/_., 4 :. t 2racr 2W u ,t * 4Ti: -/' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS v\ LD