Laxman Satla v. 1. The Union of lndia

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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not renewing the petitioner's passport bearing No. E7802939 pursuant to his application vide file No, Hy4o74:,944971525, dt.O4-04-2025 on the ground that a criminal case is pending against him vide Spl. S.C.No. 48 of 2022 on the file of the Vlll Additional District-and Sessions Judge (SC/ST) at Nizamabad for the offences punishable under sections 293, 506 anO St 1 rlw 34 IPC and sections 3(1XrXs) and 3(zc) of the SC/ST (pOA) Act, as illegal, arbitrary, unconstitutional, contrary to. the provisions of The Fassport Act, i 967 and Article 19 and 21 of the Constitution of lndia and consequentiy direct the 2nd respondent to renew the petitioner's passport bearing No. E7802939 pursuant- to his application vide'file No. Hy4074944971525, dt.04 -04-2025 without reference to the said criminal case. lA NO: 1 oF 202s petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, ifre Uign Court may be pleased to direct the 2nd respondent to renew the petitioner's passport bearing No. E7802939 pursuant to his application vide file No. HY4O74944971525, dt.O4-O4- 2O2S without reference to the criminal case pending against him vide Spl. S.C.No. 48 of 2022 on the file of the .Vlll Additional District & Sessions Judge (SC/ST) at Nizamabad for the offences punishable under sections 293, 506 & stt I,l* 34 IPC and sections 3(1XrXs) & 3(zc) of the sc/sT (POA) Act, pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner : SRI C SHARAN REDDY Counsel for the Respondents No 1 and 2: SRI P SURAJ YADAV SC FOR CENTRAL GOVERNMENT Counsel for the Respondent No 3 : ----- The Court made the following: ORDER ( ".,, THE HON'BLE SRI JUSTICE NAGESH IVRIT PETITION N0.25286 0F 2025 ORDER: The writ Petition is filed challenging the inaction of Respondent No.2 in not renewing the petitioner's passport uid.e File No.HY4074944971525, dated 04.o4.2o2s, on the ground of 1 pending criminal proceedings in Spl.S.c.No.48 of 2022 on the file of the vlll Additionat District and sessions Judge (sc/sr) at Nizamabad.

2. Heard sri c. sharan Reddy, learned counsel for petitioner ancl Sri P. suraj Yadav, learned Standing Counsel for respondent Nos.1 and 2. Perused the record.

3. Learned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this court in W.P.No.2422 of 2024, dated 26.02.2024.

4. Learned Counsel for the respondents submits that a criminal case uid.espl.S.c.No.48 of 2a22 under sections 2go, so6,511 r/w 34 of IPC a,-d Section 3(1), (r), (s) & 3(zc) of sc/sr (poA) Amendment Act, 20ls and section rs6(3) of cr.p.c. on the file cf i 1 l i. t I I I I 2 vlll Additional District and sessions Judge (SC7,sr) at Nizamabad, is pending against the petitioner. It is submitted that the respondent authorities wo,rld consider the petitioner,s application for a period of one year only, if he obtains pe:rmission to travel abroad from the court where the criminal case is pending against him.

5. Be that as it ooy, considering the judgment of the coordinate Bench of this court in w.p.No.35o56 of 2023, rlated o2.o1.2024, and the purpose for which the passport is being requested by the petitioner, this court directs the respondent No 2 to renew the passport of the petitioner on the following conditic,ns: i) The petitioner herein shalr submit an undertaking along with an affidavit in spl.s.c.No.4g of 2022, pending on the file of the VIII Additional District and sessions Juctge (sc/sr) at Nizamabad, stating that he shall not leave rndia aorir.g pendency of the said s.c., '"ithout permission of the trial court and that he shall cooperate with trial court in concluding the proceedings in the said S.C. iif on filing such an undertaking as well as affidavit, the trial court shall issue a certified copy oi the samc within two (2f weeks therefrom; iiil rhe petitioner herein sharl submit an application - afresh along with certified copy of this order as well as the aforesaid undertaking before the passport Offi cer . I Authority concerned for renewing the passport; ivf on filing :I.h an application, the passport oflicer/ Authority shall consider the "*u afresh in the light of the obsenrations made by this court herein as well as the contents of the undertaking given by the petitioner for renewing of the passport, in accordance with raw, within three (os! werks from the date of said application; vf Respondent No.2 shall consider the passport Rules, L967 while considering the apprication for renewing of the passport to the petitioner; vif rhe competent authority sha[ specify the permission period of one year for the petitioner to retain the passport for i l I I i: t! t! ,l i; t, t! ,. ,] ,l i j I i t i :, : J travelling abroad, and also obtain appropriate undertaking from the petitioner stating that the petitionei shall not overstay the permitted period and shall surrender the passport upon return to India. vii| Any other condition as deemed appropriate by the trial Court.

6. Accordingly, the writ petition is disposed of. There shall be Miscellaneous petitions, if any, pending in this writ petition sha-ll stand closed. SD'.P . PONNA KRISHNA STANT REGIST //TRUE COPY'/ ECTION OFFICER To,

1. The Secretary, Union of lndia, Ministry of External Affairs, South Block, 2. The Regional Passport officer, 0io. The Regional Passport office' Door No'8- Seiretariat, t'iew Delhi, lndia' )-;15 6 ir e, x;mmarguda, secunderabad'

3. One CC to SRI C SHARAN REDDY Advocate [OPUC] 4.oneCCtoSRIPSURAJYADAV(SCFoRCENTRALGoVERNMENT) Advocate [OPUC]

5. Two CD CoPies D.N BS YY \ \ HIGH COURT DATED i2711012025 ORDER WP.No.26286 of 2025 DISPOSED OF THE WRIT PETITION WITHOUT COSTS $-