The High Court · 2025

Counsel for the Petitioner: SRI G.V.L.MURHTY Counsel for the Respondent No.1 & 2: SMT N.V.R. RAJYA LAKSHMI, SC FOR CENTRAL GOVT. Counsel for the Respondent No.3: Gp FOR HOME The Court made the following: ORDER - ,.;,, HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITI ON No.27O33 of2024 ORDER: Heard learned counsel for the petitioner and Smt. NVR Rajya l,akshmi, learned Standing Counsel appearing for respondent Nos.l and 2

2. This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the follorving relief "....fo issue Wit, Order or direction ntore so tn the nqture of wnt of Mendomus cleclaring lhe oction of respondent No.2 in not reissuing / granting passport to the petitioner for a peiod of 1O geors u'thich ls highly illegat, arbitrary and it is also against Article 21 of the Corrstitution oJ lndia and consequentlg direct the 2"d respondent to forthu-tith issue Pa.ssporl for a Peiod of 10 yeors to the Petitioner uithout rekffing to the peftdencA of Crimtnal Case in Cr.No-99 of 2O19 Dt 06/ 05/ 20 1 9 on the fiIe of the PS Cgber Cime for tlE offences U/ s 406, 66-D, r'tA-2000 2008... "

3. Learned counsel for the petitioner submits that this Court uide order date d 17.06.2O25 ir-r I.A.No.2 of 2025 in W.P.No.27033 of 2024 permitted the petitioner to make fresh application for renewal of his passport within a period of one week from the date of receipt of a copy of the order. Hence, the petitioner had made an application on 25.06.2025 and thereafter, the Regional Passport Officer has informed that there is a criminal case pending in Crime No.99 of 2019 undcr Section 4O5 IPC, 66-D of IT Act, 2000, in Cyber Crime Poiice Station, Cyberabad, and w'henever such 2 r- pendency is brought to the nottce of the passport Issuing Authority, provisions cf Section 6(2)(f) of the passports Act, 1967 are attracted. Aggrieved by thc same this r,r;rit petition is tiled.

4. Learned r:ounsel lor the petiticner subr_nits that ir_r similar crrcumstancc this Court uide order clated 04.O3.2025 rn W.P.No.6398 of 2O2S has passed the follorving crder "5. This Court is accordingly o[ the vier,r, that rhc Writ petition can be disposed ol bl' directing th. resilondenl No.2 to consiCer thc explanaLion/' repl\. s,.rbm ittcil bY the pctiLioncr daic(l ia1.02.2025 and take steps for- rcnerval o[ the passpor!_ in cluc ccmpliance of the findings ol the I Ion blc Suprcme Court rn Vangala Kasturi Rangacha vrrlu (supr a, The rlircclrons are as follcivs {i) The petirioner shall submit an undertaking along with an affidavit bcfore the learned IV Additional [4etroporitan Magistrate cum IV Additional Junior Civrl Judge at i,.B.Naga-r, Ranga Recldlr Dis[rLct irr C.C.No.1535 ol 202.+ stating tl.rat he v,rilt not leave India during pendency ol the C.C without permissron of the Court and he will cooilerate wlth the Trial Court in concludilg tlte criminal proceedings. (ii) 'lhe Trial Court sl.rall issue a certrfied copr of the lrndcrtakrng and aflidavit \\,ithin 2 weeks lioir the date of filing of the undertaking. (iii) The petitioner sha[ submit the certified copy of Lhe aforesaid undertaking along with the repty/explanation before the concerned Passport Olfir:er for consideration of his application for renewal of passport. (iv) The Passport Authority shall consider the documents rn the light of the obser-wations made by the Courts as well as the undertakin€j and other documcnts filed by the petitiooer. The 3 petitioner shall also be at liberty to rely on the decisions in this regard. The petitioner shall deposit the oriSinal passport before the' trial Court in criminal case for renewal of the passport' The petitioner shall at liberty to file an application before the learned IV Additionat Metropotitan Magistrate-cum-lV Additional Junior Civil Judge at L.B.Nagar, Ranga Reddy Ilistrict seeking permission to travel outside Ind.ia and the learned Magistrate, shall consider the same in accordance with law

5. l,earned counsel lor the petitioner pray this Court to pass similar order as passed in W.P.No.6398 of 2025 dated 04'03 2025

6. Learned Standing counsel appearing on behalf of respondent Nos.1 and 2 reported no objeclion in passing similar orders' 7 . Accordingly, this wri t petition is disposed of with a direction to respondenl authorities to consider the case of the petitioner for issuance of passport in due compliance of the findings of the Hon'ble Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationl The directions are as follorn's: (r) The petitioner shall submit al undertaking along with an afhdavit beiore the learned IX Additional Metropoiitan Magistrate, at Kukatpally in C.C.No'99 of 2Ol9 stating that he will not leave lndia dunng pendency of the C C without permission of the Court and he will cooperate with the Trial Court in concluding the cnminal proceedings' (ii) The Trial Court shall issue a certihed copy of the undertaking and afhdavit within 2 weeks from the date of filing of thc underlaking. ' 2o2o c.l.L.J. (sc) 572 4 r., (ii,) (i") The petitioner shall submit the certihed ccpy of the albresard undertating along with the reply/expl..r^tio, before the concerned passport Officer for consideration. of l,ris application for reneu.al of passport. The Passporl Authority sha-ll consider thc docurnenLs in the light of the observations madc by thc Courts as well as the undertaking and other clocumurts Iiled by thc petitioner. Thc pctitioner shall also be at liberty to rcly on the rlecisions in this rcgzrrd. The petitioner shall dcltosit the origrnat passport bcfore the Lrial Court in criminal case aftei. r-eneq.,al of the passport. The petitioner shall at liberty to hle ar.i application before thc lcarned IX Additional Metropolitan Magistrate, at Kukatpally, seeking permission to travcl outside India and the learned Magtstrate, shall considcr the samc in accordance wilir law. B With the above observations, this u,rit petition is clisposed of No order as to costs As a sequct, thc ntisccllaneorrs petitions pencLtng, il any, shall sland closed To, //TRUE COPY// SD/- A.H.S. GOWRI STIANKAR ASSISTANT}REGISTRAR secilb[----orrrcen of Telangana.

1. The Hon'ble lX Additional Metropolitan Magistrate, at Kukatpally. 2. T.he.Secretary, Ministry of External Affairs, South Block Secretariat, Raisina Hill, New Delhi. lndia, Union of India. 3 The Regional Passport officer, o/o The Reqionar passport office, D.no.g-2- 215 to 219 near prashanth ffreJtre, " f<ummarguAa, -S";;;;;;;r;, Telangana- 500003. 4 The Principar secretary, Department of Home, secretariat, Hyderabad, State 5. One CC to SRt c.V.L.MURHTY, Advocate tOpUCI 6. One CC to SMT N.V.R.RAJYA LAKSHT\fl, SC FOR CENTRAL GOW.IOPUCI 7 9.Ng CC tO gRI GADI PRAVEEN KUMAR, DY. SOLICITOR GEN. OF INDIA. 8. Two Cps.!o_ G! FOR HOlVlE, High Court for the State of Telangana at 9. Two CD Copies Hish Court for the State or reransini ii'ijh-"iririlopu-Ci --' Hyderabad [OUT] BSR HIGH COURT DATED:1410712025 ORDER WP.No.27033 of 2024 t * O t EH c 14 lJJ L MsI 2 * PATC DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q