The High Court · 2025

Nikhil Nanchari, S/o Ramesh Nanchari Aged about 38 years , D.No.1-56/2/1A, iiwhar nagar Near Sridevi Theatre, Chandanlgar, Serilingampally, Cyberabad Ranga Reddy-500050 Telangana. ...PETITIONER The Union of lndia, Represented by its Secretary, Ministry of External affairs Government of lndia. New Delhi. The Regional Passport Officer, RPO, Hyderabad. D. No. 8-2-21 5 to 219 Kummaraguda, Secunderabad-500003 S_ri Bhushanam Bhaskar, Rep by lnnovative Constructions, plot No. 35, F-i, Venkata S.aj 1lay9m, Dee Nagar Near Sha theater, Cl"rintal, eutbuliapur, Ranga Reddy District. R3 is impleaded as per C.O. dt.1 1.09.2025 in tA. No. 212025 ...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 a Writ of l\/andamus or any-other appropriate Writ or Writs, order or Direction, declaring the action of 2nd Responden! Letter Reference No. 08J11049752502125 Dated.04.08.2025, as illegat, arbitrary and without jurisdiction and to consequently direct the Respondents to forthwith renew the passport of the petitioner made vide File No.Hy1075279788325 dated 03.07.2025 for a period of 10 years, under Section 10 of passports Act, 1967 and under Rule 12 of Passport Rules, 1 980 without reference to the criminal proceedings pending against the petitioner in CC.No. 35.of 2022 on the file of the Hon'ble I Additional Junior Civil Judge-Cum-VW Additional Judicial Magistrate of First Class at lrledchal, Athevelly and also the Gazette Notification issued by the Central Government vide GSR No 570(E) dated '10..1 0.201 9 lA NO: 1 oF 2025 Petition under section 151 cpc praying that in the ircumstances stated in the affidavit fired in support of the petition, the High co r t may be preased to suspend the Letter of the 2nd Respondent vide L:ter Reference No. o8J11049752502125 Dated.o4.oB.2025 to consequenry cril ct the Respondents to forthwith renew the passport of the petitioner made vide File No'HY1075279788325 dated 03.07.2025 for a pbriod of .r o ears, under section 10 of Fassports Act, 1967 and under Rule 12 of passporl tules, 19g0 without reference to the criminar proceedings pending against the p r itioner in cc.No. 35 ot 2022 on the file of the Hon'ble I Additional Junior I vil Judge_Cum_Vlll Additional Judicial Magistrate of First Class at IMedchal, Athevelly, pending disposal of the above writ petition Counsel for the petitioner; SRI S. SYAMSUNDER RAO Counsel for the Respondent Nos. 1&2: SRI PULIMAMIDI SHI SHIDHAR REDDY I The Court made the following: ORDER --.---------- IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRTJUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.26026 of ZO2S Dated:11.12.2O25 Between: Nikhil Nanchari, S/o.Ramesh Nanchari, Rl/o.Ranga Reddy District. AND Union of lndia & 2 others ...Petitioner ... Respondents ORDER: 1. This Writ Petition is filed to direct the respondents to forthwith renew the passport of the petitioner vide File No.HY107S279TBA32S dated 03.07.2O25 for a period of 10 years under Section 10 of Pasports Act, 1967 and under Rule 12 of Passport Rules, 1g80 without reference to the criminal proceedings pending against the petitioner in CC.No.35 ot 2022 on the file of the learned I Additional Junior Civil Judge-cum-Vlll Additional Judicial Magistrate of First Class at Medchal, Athevelly and also the Gazette Notification issued by the Central Government vide GSR.No.570(E), dated '10.10.2019.

2. lt is the case of petitioner that he is holding Passport bearing I No.23289913, which was valid till 24.10.2025.|t is the further case of 2 the petitioner that he has submitted an application to .he respondent authorities vide application No.HY10752797t 8325, dated

03.07.2025 for renewal of passport. However, the re r pondents have not processed his application and there are nr court orders restricting from renewing his passport. lt is the fuit er case of the petitioner that he did not receive any show car r e notice from respondent No.2, but rather it is informed by the po i ;e that there is an adverse police verification report corresponding tri the application and a criminal case is pending against him vide C.() No.35 of 2022 on the file of the Vlll Metropolitan Magistrate, Mr,r chal-Malkajgiri District, Telangana.

3. Heard Sri S.Syam Sunder Rao, learned c'r unsel for the petitioner as well as Sri Pulimamidi Shashidhar F eddy, learned Standing Counsel for Central Government represent rg respondent Nos.'1 & 2.

4. Learned counsel for the petitioner conten,l:d that mere pendency of the criminal case against the petition: cannot be a ground to deny issuance of passport to the petition: ' and the said action of the respondents is contrary to the procedr r I laid down in the Passports Act, 1967. lt is the further contention tf the learned counsel for the petitioner that in catena of judgments, I re Apex Court -.-- I t 3 as well as this Court held that "passport authority cannot refuse renewal of the passport on the ground of pendency of criminal case and directed the passport authority to issue the passport without raising the objection relating to pendency of the criminal case."

5. ln view of the above said submissions and having regard to the law laid down by the Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of lnvestigation r ; Maneka Gandhi v. Union of tndia2 and Satish Chandra Verma v. Union of lndia and others3, this Court deems it appropriate to grant the relief subject to ce(ain conditions.

6. The Writ Petition is disposed of directing respondent No.2 to consider application File No.HY1075279788325 dated 03.07.2025 submitted by the petitioner for renewal of the passport without reference to the pendency of the proceedings in C.C.No.35 ot 2O22, on the file of the learned Vlll Metropolitan Magistrate, Medchal- Malkajgiri District, Telangana, subject to the following conditions:- (a) The petitioner shall submit an undertaking, along with an affidavit in C.C.No.3S of 2022, on the file of the learned Vlll Metropolitan futagistrate, Medchal-Malkajgiri District, Telangana, stating that he will not leave lndia during I I ' zozo ca.L..l.1sc1szz , 1978 (1) SCC 248 - 2019 SCC Ofllins SC 2048 4 pendency of the said C.C. without permission tt the Courl and that he will cooperate with the trial Court in :oncludinE the proceedings in the said C.C. (b) On filing of such an undertaking as well as zri 'idavit, the trial Couri sha// r'ssue a certified copy of the st me to the petitioner within a period of two (02) weeks ther't from. (c) The petitioner shall submit certified c<,1 aforesaid undertaking before the Passporl ( reissuance/ renewal of hls passpoft and th,= Officer shall consider the application submit\ petitioner in accordance with law, within two 'r y of the )fficer for Passporl d by the t2) weeks from the date of submission of such undertaking. (d) On renewal/reissuance of passporT, the pettt deposit the same before the trial Court in C.(

2022. However, liberty is granted to the petitionz application before the trial Court seeking perr travel abroad and it is for the trial Couft to ctt ner shall .No.35 of ' to file an l'sslon fo rcider the same in accordance with law.

7. As a sequel thereto, miscellaneous petitions, i any, pending shall stand closed. There shall be no order as to cost; ASS': I r' ,TRUE COPY// i \ I \ To, \ lndia New Delhi. 1 . The Secretary, Union of lndia, Ministry of External afiai-r 2 The Regional Passpo( Officer, RPO, Hyderabad. D. N'r 3. One CC to SRl. S SYAMSUNDER RAO' Advocate [Ol) 4 C)ne CC to SRl. PULIMAMIDI SHASHIDHAR REDDY, a 5. Two CD CoPies Kummaiaguda, Secunderabad-500003 Bl\/ GJP \qr- SD/. C. DEEPIKA TANT REGISTRAR ISECTION OFFICER { Government of 8-2-2151o 219 lvocate [OPUC] t HIGH COURT DATED:1 111212025 ORDER WP.No.26026 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS {-ccqre' " ' \i-\6 z1 < -;o\xt'