The High Court · 2025

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 particurarry one in the nature of wRlr oF IVANDAMUS decraring the action of the Respondent No. 2 in issuing Lr. No. HY107s44824492s, dated. 20.08.2025, refusing to renew the petitioner's passport on the ground of pending criminal case, as arbitrary, illegat and violative of Article 21 of the constitution of lndia and consequenfly direct the Respondent No.2 to renew the petitioner's passport without reference to pending criminal case. Counsel for the Petitioner: SRI MOHD ASHFAe Counsel for the Respondent No.1: SMT. N.V.R. V|JAYALAKSHMI, Counsel for the Respondent No.2: SMT. THAKUR ROOPA SINGH, S.C. FOR CENTRAL GOVERNMENT Counsel for the Respondent No.3: -- STANDING COUNSEL The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.26314 OF 2O2s ORDER 'lhis Wr-it Pe tition is filed seeking to declarc the action of rcspondent No.2 in issuing Lr.No.HY I O75448t44925, d:rted

20.O8.2025 rclusing to reneu, the petitioner's pzLssport on the ground of pencLng r:riminal case, as illegal and arl>itrary.

2. IIc.rrd lcantcd counsel for the petitioner, Smt. N.V.R.Vijayalzrkshmi, leamed Central Governnrent Standing Counscl appcaring lor rcspondent No.1 and Smt. Tl-rakur Roopa Singh, lcarncrl Standing Oounsel appearing for resp,;ndent No.2.

3. Learned counsel for the petitioner submits that the issue raised in this u,r-it pel.ition is squarely covered by t re order of this Court in W.P.No.2802 of 2024, dt.14.O3.2O24, whrrern this Court relying upon thc- guidelines issued by the Hon,ble Apex Court as n ell us this Court in various judgments whe,.e issuancc of passports arc pending on the ground of registrat ion ol criminal cases, hcld th.1L pendency of criminal cases is not a grouncl to refusc passpolt.

4. Learnecl counscl for the petitioner furthe r. submits that follou,ing the said decision, recently, this Court p lssed orders in WP.No.23O77 of 2025, dt.13.08.2025 direcLing thc respondents to 2 \ a consider the application of the petitioner, subjccL to certain conditions as mentioned therein. 5- Learned counsel for the petitioner furthcr submits that since the petitioner is intending to travel abroad to attend conferences as a Medical Practitioner, the authorities may be directed to consider petitioner's passport application for a limited period of one year so as to enable the petitioner to attend confcrences as averred in the writ afhdavit.

6. On the above submission being madc, Iearned Star-rding Counsel appearing for respondent No.2 does nol disputc the aforesaid position of law and stated that the presenL case is covered by the aforementioned orders of this Court, and she has no objection if this Court were to direct the authoritics for considcring lhc petitioner's passport application for a period of onc year, subject to the conditions, as mentioned in W.p.No.28O2 of 2024 and W.P.No.23077 of 2025.

7. In view of the aforesaid submissions, this Court decms it appropriate to dispose of the writ petition in terms of the orders in W. P.No.2802 of 2024, dt. 14.O3.2024 and W. p. No. 2 3O7 Z of 2025.

8. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner,s passport application No.HY1075448244925, dt.05.08.2024 (reference No.25- /' ./ 3 IO57 4317 19) bv follou,ing the procedure con te r-rplated under there under, subjcct to the following conditions: The pctitione r shall submit undertaking along u,ith an affiden,rt b<:fore the trial Court/iurisdict onal Court in conncction rvith Crime No.217 of 2023 of Rajendranagar P.S- (No'"v AtLapur P.S.), registered as rl.C.No.11OO of 2023, slating that he will not leave InliaL during the pendcncy ol thc aforesaid cases without pcrrtrission of the concc'rned Court ancl that he will cooperar e witl-r the trial Court/ Inve stigating Olficer in procccdir-rgs / invcstigation in the said cases co rcluding On filing ol such undertakings as well a,; erffidavits, the trial Court/jurisdictional Court shall issue a certified copy of Lhc same to the petitioner within a pe-iod of two (02) r.r,eek s therc lrom. tL1 The lretilioner shall submit certified copy of the aforesaid undcrtakings beforc the Passport Officer for issuance of his passporL and the Passport Officer shtll consider the petitlone r's application No. HY lO7 5448244925, dt.05.08.2024 (rcfcrence No.25-105743 17 l9) for issuance of pa ssport lor a period of one year, r,t ithin a period of two (O2l u'eeks from the date of submission of such und< rrakirrg. in accordance with law. IV On issuancc of passport, the petitioner shall deposit the samc beforc thc trial Court/jurisdictional Court in Crime No.217 of 2023 of Rajendranagar P.S. (Now Attapur p.S.) registered as C.C.No. 1100 of 2023. Hovrever, liberty is granLed to the petitioner to file applicatior before the trial 4 Court/juiisdictional Court in both the cases seeking permission to travel abroad and it is for the trial Cou rt/jurisd ictional Court to consider the same in accordance with law. Consequently, miscellaneous applications, pending if any, shall stand closed. No order as to costs. //TRUE COPY// SD/-T.SRIDEVI ASSISTANT REGISTAR a SECTION OFFICER To,

1. The Secretary, The lr4inistry of External Affairs, Union of lndia, New Delhi' 2. The Regional Passport Officer, Hyderabad, D No .8-2-215 - pralrririth Theaterd. Kummargudh, Secunderabad - 500003 3. One CC to SRI MOHD ASHFAQ, Advocate [OPUCI 4.oneCCtoSII/T.N'V.R.VIJAYALAKSHMI,S.C.forCentralGovernment to 219' Adjacent to loPUCl

5. One CC to SIr,4T. THAKUR ROOPA SINGH, Standing Counsel [OPUC] 6. Two CD CoPies IVlP/BSK & CC TODAY HIGH COURT DAT'ED:1710912025 I I I \, -..2.. --.-..:- ..s, s J f :: ii. j i-':;, i:'/ ORDER ,-r'r WP.No.26314 of 2025 ..t-' a; i 1.-) i '1 ili:'l:j DISPOSING OF THE VI'RIT PETITION WI]'HOUT COSTS \