High Court · 2025

3. Sai Ram Prakash, S/o Ram Asrahe Aged about 32 years, Occ Housekeeping RJo H.No. 8-2-293165143, Sri Venkateshwara Nagar Road No. 14, Baqaa Hills. R3 is impleaded as per C.O. d1.11.09.2025 in lA. No.3/2025. ...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 Respondent No.2 in not renewing Petitioners Passport bearing No, W3992847 pursuant to application vide File No. HY2075014934225 dated 08-05-2025 on the ground of pending criminal proceedings bearing C.C. No. 366 of 2023 on the file of the the Honourable Metropolitan Sessions Judge, Nampalli, Hyderabad, as illegal, unjust, arbitrary, and contrary to provisions of the Passports Act, 1967 and consequently direct the Respondent No.2 to renew Petitioner passport bearing No. W3992847 on the basis of the application bearing File No. HY2O75O14934225 dated 08-05- Y 2025 without any reference to the said Criminal proceedinr]: bearing CC. No. 366 ot 2023. IAN o: 1 0F 2025 Petition under Section 151 CPC praying that in the (:i cumstances stated in the affidavit filed in support of the petition, the High Cou t may be pleased to direct the Respondent No.2 to consider the Petitioners ap1 lication vide File No. HY 2O7 5014934225 dated 08-05-2025 for renewal of Petitior ers Passport bearing No. W3992847 without any reference to criminal procee(li tgs bearing CC. No. 366 of 2023 on the file of the Honourable Metropolitan Sess ons Judge, Nampalli, Hyderabad, pending disposal of the main writ petition. Counsel forthe Petitioner: SRI MADAS BHARATH CHANI tA counser for the Respondent No. 1 &2 : sRl,l;,?iB11l3iJ;, i";,, Counsel for the ResPondent No.3 : The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SR!JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24766 of 2025 Dated:17.12.2O25 Between: Mr.Kosaraju Venkatesh, S/o. Rajendraprasad Kosaraju, Rl/o.Rangareddy, Telangana. Union of lndia & 2 others. AND ...Petitioner ...Respondents ORDER 1. This Writ Petition is filed declaring the action of respondent No,2 in not renewing petitioner's Passport bearing No.W3992847 pursuant to his application vide File No.HY2075014934225, dated

08.05.2025 on the ground of pending criminal proceedings bearing C.C.No.366 of 2023, on the fie of the learned Metropolitan Sessions Judge, Nampally, Hyderabad, as illegal and consequently direct the respondent No.2 to renew the petitioner's Passport without reference to the said criminal proceedings \ \

2. Heard Sri M.Bharath Chandra, learned c:unsel for the petitioner and Sri N.Bhujanga Rao, learned Deputy liolicitor General of lndia representing respondent Nos.1 & 2. peruse < the record.

3. Learned counsel for the petitioner subn its that mere arraignment of the petitioner in a criminal case carrr ot be a ground for denial of passport. He relies on the judgment lf thrs Court in W.P.No.24690 of 2025, dated 03.09.2025.

4. Learned Standing Counsel for Central Gove nment submits that a crime was registered against the petitioner virl,, Crime No.g00 of 2021, on the file of Banjara Hills police Station, r:;istered for the offences punishable under Sections 304(ll), 201 reac with 34 of lpC and Section 185 of Motor Vehicles Act and the samr: was numbered as C.C.No.366 of 2023 which is pending on the fik> of the learned Metropolitan Sessions Judge, Nampally, Hyderabarl and therefore, refusal to issue passport as per the passport Rules ca rnot be said to be illegal.

5. Be that as it may, considering the judgment of he Coordinate Bench of this Court in W.p.No.35056 ot 2023, dated I 2.O1 .2O24 and the purpose for which the passport is being recrested by the r...? a l petitioner, this Court directs respondent No.2 to renew the passport of the petitioner on the following conditions: i) The petitioner herein shatt submit an undertaking atong with an affidavit in C.C.No.366 of 2023 which is pending on the file of the learned Metropofif an Sessrons Judge, Nampally, Hyderabad, stating that he shatt not teave lndia during pendency of the said c.c. without permission of the Court and that he shall cooperate with Trial Court in concluding the proceedings in the said C.C. ii) on filing such an undertaking as weil as affidavit, the Triat Court shall issue a cerlified copy of the same within two (2) weeks there from; iii) The petitioner herein shail submit an application afresh along with ceftified copy of this order as well as fhe aforesaid undeftaking before the passporl Officer/ Authority concerned for issuance of passport; iv) On filing such an apptication, the passport Officer/ Authority shall consider the same afresh in the light of the obseruations made by this Court herein as well as the contents of the undeftaking given by the petitioner for issuance of passport, in accordance with law, withii three (03) weeks from the date of said application; 4 v) On issuance of the passport, the petitione; herein shall deposit the same before the Trial Court in C. ).No.366 of 2023. vi) However, liberly is granted to the petitioner t,erein to file an application before the learned Magistt e te seeking permission to travel abroad and it is for , he learned Magistrate to consider the same in accordance t ,ith law.

6. Accordingly, the Writ Petition is disposed of. .l'l ere shall be no order as to costs.

7. Miscellaneous petitions, if any, pending in ttri ; Writ petition, shall stand closed. SD/-M. NAGAMANI ASS STANTREGISTRAR To, //TRUE COPY// SECTION OFFICER 2 4 1 The Under Secretary, Minisky.of External Affairs, pariy I a House, Annex, Tilak Marg, New Delni-t tO Otjt. The Regional Passport Officer, Secunderabad, Hyderab, d. One CC to SRI MADAS BHARATH CHANDRA, Advocat r [OpUC] One CC to SRI N.BHUJANGA RAO,.Deputy Solicitor G_, reral of lndia, High Court for the State of Telangana at Hyderatjad. ioiUcl- - Two CD Copies. BSK BS @ HIGH COURT DATED:1711212025 J _..i:;, -/:r' a ,.. .,. '\\ .+i Y // J' ll. {::,: 3 ,.' z \' -:t '\-,:-'cS/ \ '.*:- ORDER WP.No.24766 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I .DD ( N v