The High Court · 2025

The Union of lndia, Rep. by its Secretary, Ministry of External Afiairs' South Block, Secretariat, New Delhi, lndia. The Reoional Passport Officer, O/o. The Regional Passport Office' Door No.8-2-215 to 219,'Kummariguda, Secunderabad' The Consulate General of lndia, Al Hamriya, Diplomatic Enclave' P O' Box i5i, r;;;i; 0;itea AiioEr*iii6s, Repre6ented bv its consul General' The Vice Consul (Passport), Consulate General of lndia, Al Hamriya' oibro-nltiJ Enltaie. p.b. Box 7 37, Dubai, United Arab Emirates' SD P.Tabassum Sulthana, Wo. Shaik lmam,-Ag^ed about 12 years' Occ' Firlidl"o, rui. H.r.io. t-izt-t60, Road No.S Snehapuricolonv' Secunderabad. ...RESPONDENTS . Petition under Article 226 ot the constitution of lndia praying that in the Court may be circumstances stated in the affidavit filed therewith' the High ;i";; i";aue a writ, oider or direction more particutarly one in the nature of [nliittt ft4rna.mus, declaring the action of the 4th respondent in not renewing the pliiiionur" passport bearin! No. N11518j7^Pyltl"nt to his application vide ippli;;ti""'Reference r,ruriuer (ARN)^15-2002618368 dt.20l05/20-?5 on..the 'glJrnJ-oi 316 ol 2022 on the file of the I iaJitionat bistrict-and Sesiions Judge-cum-Additional Family Court-cum-Special Sessions Judge for Fast tracking ths Cases f-gi.lg to Atrocities against women' M;;;h;i rvrarla;giri District unier section 376(l)(n) and 506 lPc' .': ll993l' ;;ft;;t, ,n"onJtitrtionrl,-tontrary to the.pro.visions of rhe Passport Act'1967 niti"f" 19 and 21of the Constitution of lndia and consequently direct the 4th ""J p"nding criminai case vide 'S.C.tto. respondent to renew the petitioners passport bearing No. l]].?693-?^pursuant his application vide Application ieference Number (ARN) 25-2002618368 dt.2oto5t2025 without reference to the said criminal case. lA NO: 1 OF 2025 petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, ifre Uigfr Court may be pleased to direct the 4th respondent to renew the petitioners passport bearing No. N1156837 pursuant to his application vide Application Reference Number (ARN) 25-200261g36g dt.2U}y2025 without reference to the criminal case in S.C.No. 316 of 2022 on the fite of the lAdditional District and sessions Judge-cum- Additional Family Court-cum-special Sessions Judge for Fast tracking the Cases relating to Atroiities against women, Medchal Malkajgiri District under section 376(1)in) and 506 lpC,"pending disposal of the above writ petition, in the interest of justice. Counsel for the Petitioner : SRI C SHARAN REDDY Counsel for the Respondents No 1 To 4: G VENKATESHVARLU CENTRAL GOVT COUNSEL Counsel for the ResPondent No 5: --- The Court made the following: ORDER :\ THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No.27979 OF 2o25 ORDER: The writ Petition is filed challengir^g the inaction of Respondent No.4 in not renewing the petitioner's passport bearing No.N1156837 pursuant to his application dated 20.o5.2o25 on the ground of pending criminal case vide S.C.No.316 of 2022 on the file of the learned I Additional District and Sessions Judge -cunl- Additional Family court-cum-Special Sessions Judge for Fast Tracking the cases relating to Atrocities against women, Medchal, Malkajgiri District.

2. Heard Sri c.sharan Reddy, learned counsel for petitioner and Sri G.Venkateshwarlu, learned central Government Counsel for respondent Nos. i to 4. 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.3 239 | of 2022 , dated 2L .L2.2O23. 4- Learned Counsel for the respondents submits that a criminal case uide 5.C.No.316 of 2022 on the file of the I Additional District 2 NBK,J wP_27979*2025 I and Sessions Judge -cum- .,\dditional Family court-cum-special Sessions .Iudge for Fast Tracking the cases relating to Atrocities against women, Medchar, Malkajgiri District, is pending against the petitioner. tt is submitted that the regpondent authorities w'ould consider the petitioner's application for a period of one year only, if he obtains permission.to travel abroad fronr the court where the criminal cases are pending against him.

5. Be that as it may, considering the judgment ol. the coordinate Bench of this court in w.p.No.24TTl of 2025, dzrted 18.09.202s, and the purpose for '*,hich the passport is being r.equested by the petitioner, this court directi the respondent No.4 to issue the passport to the petitioner on the following conditions: . if rhe petitioner herein sha[ submit an undertaking along with an aflidavit in s.c.No.s16 of 2022 on the Iile of the I Additional District and sessions Judge -cum- Additional Family court-cum-special sessions Judge foi Fast rracking the cases relating to Atrocities against women, Medchar,- Malkajgiri District., stating that he slia[ not leave India during pu"a"iiy or the said case., without permission of the Court ancl that he shall cooperate with trial court in concluding the proceedings in the said case; iif on filing such an undertaking as well as hffidavit, the trial court shall issue a certified copy oi the same within two (2t weeks therefrom; iii) The petitioner herein sha[ submit an application afresh along with certified copy of this order as welr as the aforesaid undertaking before t-he passport Oflicer / Authority concerned for issuing the passport; iv| On filing :T.h an application, .the passport Officer/ Authority shall consider the slhe afresh in the light of the obsenzations made by this court herein as werl as the contents of the undertaking.givSn by the petitioner for issuing the passport, in accordance with raw, within three (o3f weerrs from the date of said application; :i :r I : i I i 3 NBK,J wP_27979 2025 v) Respondent No.4 shall consider ttre Passport Rules, 1967 while considering the application for issuing of the passport to the petitioner; vi) The competent authority shall specify the permission period of one year for the petitioner to renew the passport for travetling abroad, and also obtain appropriate'undertaking from the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India. vii) Any other condition as deemed app:opriate by the trial Court .

6. Accordingly, the Writ Petition rs disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shali stand closed. . PONNA KRISHNA TANT REGISTRAR /TRUE COPY// SECTION OFFICER o,T

1. The Secretary, Union of lndia , Ministry of External Affairs, South Block, Secretariat, New Delhi, lndia.

2. The Regional Passport Officer, O/o. The Regiona.l Passport Office, Door No.8-2-21 5 lo 219,'Kummariguda, Secunderabad'

3. The Consulate General of tndia, Al Hamriya, Diplomatic Enclave, P'O' Box Zg7, buOii, United AriO Emirates, Repre6ented by its Consul General.

4. The Vice Consul (Passport), Consulate General of lndia Al H-amriya, Olp-fomiiiCfnctave, P.O. Elox737, Dubai, United Arab Emirates.

5. One CC to SRI C SHARAN REDDY Advocate IOPUCI 6. One CC to SRI G VENKATESHVARLU CENTRAL GOW COU NSEL Advocate [OPUC]

7. Two CD Copies D.N BS \-- \ HIGH COURT DATED;27 t10t2025 ORDER WP.No.27979 ot 2025 rrrE St4 2otouM z t t DISPOSED OF THE WRIT PETITION WITHOUT COSTS "*h*