Sudhakar_Gosifg1da v. 1- Union of lndia

299/4 Srinagar Colony, Shambinipet, W-arangai. (R3 isimpleaded as per C.O dr.17.09.2025 in t.A No.2l2O2S.) ...RESPONDENTS Petition under Articre 226 of rhe constitution of lndia praying that in tG circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or Direction rnore particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in not renewing the petitioner passport bearing No. N3488605 by issuing the impugned btter No. o4Ji10498708'19/25, dated 19.o8.2o2s by rejecting the renewal application petitioner 06.08.2025 vide File No. Hy807545 s21gg2s of the petitioner passport bearing Passport No. N34886o5 seeking to travel USA to see the petitioner's children who are residing in USA, the same is returned on ttre ground that, the criminal case is pending aga.inst the petitioner is highly illegal, arbitrary and against the principles of natural justice and also violative of the article 14, 19,21 of the constitution of lndia and also violative of the orders of the Hon'ble High /I-#-:.'-. - . ,/ CourT passed in WP No. 32906 of 2023 dated 05.12.2023 and onsequently direct ' the 2nd respondent to renew the passport of the petitioner be lring Passport No. N3488605 immediately, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circt'nstances stated in the affidavit filed in support of the petition, the High Court ray be pleased to Direct the 2nd respondent to renew the passport of tho petitioner bearing Passport No. N3488605 by considering the application of thr.' cetitioner vide File No. HY8075455219925, dated 06.08.2025, pending dispost of the main writ petition. Counsel for the Petitioner: SRI M. AJAY KUMAR MADISETT\ Counsel for the Respondent No.1 & 2: PULIMAMIDI SHASHII HAR REDDY Counsel for the Respondent No.3: - - - - The Court made the foHowing: ORDER ,i THE IION'BLE SRI JUSTTCE NAGESH BHEEMAPAKA WRIT PETITION ITo.27L71 0F 2025 ORDER: The Writ Petition is frled challenging the inaction of Respondent No.2 in not renewing the petitioner passport bearing No.N34886O5 by issuing the impug-ned letter dated 19.08.2025 by rejecting the renewal application of the petitioner dated 06.08.2025 vide File No.HY8075455219925 of the petitioner passport bearing No.N3488605, seeking to travel USA to see the petitioner,s children who are residing in USA, the same is returned on the ground that the criminal case is pending against the petitioner.

2. Heard Sri Ajay Kumar, learned counsel for petitioner and Sri P.Shashidhar Reddy, learned Central Government Standing Counsel for respondent Nos. I 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.329O6 of 2023, dated 05. 12.2023.

4. Learned Counsel for the respondents submits that a criminal case uide C.C.No.1286 of 2O22 in Cr.No.265 of 2021 under 2 NBKJ wP 27r7t 2025 ".. Sections 447,29O,323,427,506 r/w 34 of IPC :n the frle of I Additional Judicial First Class Magistrate Coui'' .Warangal, 1S pending against the petitioner. It is submitted that the respondent authorities would consider the petitioner's applicat on for a period of one year only, if he obtains permission to travel broad from the court where tJle criminal ca.ses are pending against

5. Be that as it may, considering the judgment c the coordinate Bench of this Court in W.P.No.24154 of 2025, dtt,ed 03.09.2025, and the purpose for which the passport is being : quested by the petitioner, this Court directs ttre respondent No 2 to issue the passport to the petitioner on the following condition ,: ll The petlttoner hereia shall subait arr uac.( witlr an alEdavit ln C.C.No.1286 of 2022, pendiag c Additional Judicial First Class trfiaglstrate Cour statiag that he shall not leave India during penderr C.C., wlthout permlssioa of the Court and that he rrl qdth trtd Court ln concludhg the proceediogs ln tt.r I On ntlng such a.a uadertalri-E as well ar trial Court shall lsste a certlfred copy of the satne weeks therefron; tltf The petltloner hereia shall subnit rr afresh along wlth certified copy of this order zL: aforesald urdertaHng before the Passport OIIict r concerned for issuiag the passport; i9 On Gllng such an applicatloa, the Pari: Authority shall coaslder the saEe afresh ia th: obsentations made by this Court herein as well as ll the uadertakiag givea by the petitioaer for issuinl3 in accordance wlth law, withln three (O3l weeks frr said appllcatloa; vl Respoadeat lto.2 shall consider the Pa 1967 whlle conslderiag thc aBplication for issuiog ,r to the petitlotrer; vil The coapetetlt authority shall specify rJ period of one year for the petitioner to reaew th( rtaking along 'r the file of I , Warangal., 'y of the said all cooperate said C.C; aflidavit, the irithtn two (21 t application well as the / Authority port Oflicer/ light of the e contetrts of the passport, ro the date of ;sport Rules, the passport e permission passport for l NBKJ wP z?t1t m25 travelliag abroad, .ad also obtala appropriate undertaldag fron the pedtioner stathg that the petitioDer shall not overstey t re permitted period and shall surreuder th€ passport upon returE to Indta. viil Aay other coudltioo as deemed approprlate by the trtal Court.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. //TRUE COPY// SD/- K.B}f,VANI SWAMY assSmrulSrsiiirn / To, Delhi sEcnoroFFtcER 1. The secretary, union of rndia, Ministry of Externar Affa irs Sastry Bhavan, New 2' Th.e Rgsiolal Passport officer, o/o. the Regionar passport office, Hvderabad D No. 8-2-215 to 2ig, KummarguOa, SecunteraOaO SOb Ob5' 9. 9ne CC ro SRt AJAY KUMAC-Mnois-e"rrv, Xj,i,jcate topucl 4. one cc b sRt puLtMAMtDt SHASHTDHAH nEiio?,-ni*iitL 1oeuc1 5. Two CD Copies PMK BSR {J HIGH COURT DATED:25110t2025 ORDER WP.No.27171 of 2O2S Ari t. j -{_ '1 [ i:u i0?'[ z )c .I: +''. DISPOSING OF THE WRIT PETITION WTHOUT COSTS ;o9 Lo? w. g\zlw