The High Court · 2025
Case Details
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 pass an order, direction or writ more particularly one in the nature of WRIT OF MANDAIMUS declaring the action of the Respondents No. 2 and 3 in not renewing the Passport bearing No. N2075559 in pursuant to the application made by the petitioner with File Number UE2075628759325, reference number AKC985331933525 on the ground of pending Criminal Case vide Cr. No. 37 of 2024 on the file of SHO tMedipally PS, Jagtial District as being illegal, arbitrary and in violation of principles of natural justice and also in violation of procedure laid down under the Passports Act, 1967 and consequently direct the Respondents No. 2 and 3 to renew the Passport bearing No. N2075559 ry considering the application of the Petitioner with File Number uE2o756t',.i 759325, reference number AKC985331933525 in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the cir,; tmstances stated in the affidavit filed in support of the petition, the Hig,h Court ma'r :e pleased to direct the Respondents No. 2 and 3 to consider the afiplication ma je by the petitioner with File Number 1JE2075628759325, reference number AK( 985331933525 and renew the passport, vide no. N2075559 in the interest of justic;r ' Counsel for the Petitioner: SRI ALLURI DIVAKAR REDDY Counsel for the Respondent Nos.1 TO 3: SRI K.ARVIND KUI IAR, SC FOR CENTRAL GOVERN|ll :NT COUNSEL Counsel for the Respondent No.4: SRI K.VENUMADHAV The Court made the following: ORDER .., ..i..rr-r..c- . -.,j.],i.1..i t+;:lf"ftiii{ ,:.'!l .i(rf e1!:.4,r1!l*Eir+ nrF: IN THE HIGH COURT FORTH E STATE OFTELANGANA HYDERABAD THE HON'BLE SRI JUSTTCE NAG ESH BHEEMAPAKA WRIT PETITIO N No.26668 of2025 03'd DECEMBER.2025 Between: Peteru Rathnakar, S/o Sathaiah l. The Union of India, and others AND ... Petitioner . . . Respondents ORDER: The petitioner is an Indian citizen, working in Dubai as a Time Keeper in a private firm. His Passport, bearing No.N2075559, was valid until Ol .09.2025. He submitted an application to the 3'd respondent-Consulate General of India. Dubai, vide Fite r.r-o. l-)E2075628759325, seeking renewal of his passport. However, the 3d respondent refused to renew the passport on the ground that the petitioner is facing criminal proceedings as accused No.2 in c.c.No.242 of 2024 on the file of Junior civit Judge, Korutla, for the offences punishable under Sections 341,290,447,427,379,506 read with 34 IPC'
2. Heard Mr. Alluri Divakar Reddy, leamed counsel for the petitioner; and leamed standing counsel for the central Govemment. Perused the record. \
3. At the hearing, both the learned counsel submit .l at the present writ petition is covered by the Order dated 20.06.2023 pas:,t d by this Court in W.P.No.5l38 of 2023.
4. Considering the respective submissions, this Cour. Jirects respondents No. I to 3-passport authority to consider the Application 1i :d bv the peritioner on the following conditions: i) The petitioner herein shall submit an undertakinl along with an affidavit in C.C. No.242 o'f 2024, pending on the fite of Ju" or Civit Judge, Korutla, stating that he shall not leave lndia during pend,) rcy of the said C.C., without permission of the Court and that he shall co,r ,erate with trial Court in concluding the proceedings in the said C C.; ii) On filing such an undertaking as well as affrdavit the trial Court shall issue a certified copy of the same within two (2) weeks therefrom; iii) The petitioner herein shall submit an application ,r -esh along with certified copy of this order as well as the aforesaid underta (ing before the Passport Officer / Authority concerned for renewal of passf ( ft; iv) On filing such an application, the Passport Officer Authority shall consider the same afresh in the light of the observations mir, e by this Court herein as well as the contents of t[e undertaking given by e petitioner for issuance of renewed passport, in accordance with law, rv lhrn three (03) weeks from the date of said application; v) On renewal of the Passport, the petitioner herein s rall deposit the original renewed Passport before the trial Court in C.C \ t 242 of 2024, pending on the file of Junior Civil Judge, Koru a; vi) However, liberty is granted to the petitioner r rrein to file an application before the leaned Magistrate seeking pern i slon to travel abroad, and it is for the learned Magistrate to consid3 the same in accordance with law.
5. Accordingly, the writ petition is disposed oL No : rsrs. Miscellaneous petitions, ifany pending, shalI stand closed. //TRUE COPYII SD/-A. PRATHIMA OE PUTY REGISTRAR \ , SECTION OFF|CER The Prhcipal Secretary, Union of lndia, Ministry of Extel at Affairs, South BlocK Secretariat, Raisina Uitt, ttew Oeffri, indii.- . I he Reqional Passoort Officer, Oio. The Fiegional piss: rrt Office, 73, Red Cross Road, Shivaji Nasar, qecunoeiaoao-, td;;b;;; Consulate General'nf ln-rlia F)rrhai ar r-r.-'.;,,. iiYi^I-, '^ -^^,^..^ ^ ^ ;00003. " To
3. I g"* r3J,,3 ;;i5;8,:3[ift :^txl,,,,ytiffi_:3pRl_it,3b1?t3^?#S,lrcouNSEL trf i xil8fl fll", E m i ra te s 4 5 6 PSK. GJP , Two CD Copiesw HIGH COURT DATED:0311212025 ORDER WP.No.26668 of 2025 17i"M .j ,.) t I DISPOSING OF THE WRIT PETTTION WITHOUT COSTS @M, ?4 \1a \ , J .,"1,).1";j..1.l.-;: " !-id,-: