Gopala Krishna Prasad Chandrapati v. Union of lndia

Kodi Srinivasulu, S/o. Kodi Somulu, Aged about 54 years, Occ: Business, FJo. H.No. 't 3-104, Sivaji Nagar, Chandru Town-and Mandal, Nalgonda District 508255 R5 impleaded as per C.O.dt.07.11.2025 in lA No.2/2025. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances -stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction more particularly in the nature of Writ of Mandamus to declare the action of the 2nd Respondent in issuing Communication dated 03.09.2025 raising objections to the renewal of my Passport bearing No. N5019372 on ground of pendency of CC No. 353 of 2023 before the Honoruable J F C M Court, Nalgonda/FlR 39 of 2017 lodged before PS, Chandur, Nalgonda District as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of lndia and consequently set aside the same by directing the 2nd Respondent to consider my Application bearing Reference No. 25-1058068652 without reference to cc No. 353 oI 2023 before the Hon'bre J F cM court, Na gonda/FrR 39 of 2012 lodged before PS, Chandur, Nalgonda. lA NO: 1 OF 2025 Petition under Section 1S1 CpC praying that in the r:i .cumstances stated in the affidavit filed in support of the petition, the High co. r may be preased ro direct the 2nd Respondent to consider Apprication' bear. r Reference No 25- 1058068652 without reference to cc No 353 of 2023 befor: ihe Honoruabre J F c M court, Nalgonda/FrR 39 of rodged before pS, chanc rr, Nargonda plnoing and subject to the disposal of the above Wp and may be pl(,i sed to"pass -2017 Counsel for the Petitioner: Ms. pRATUSHA BOPPANA counsel forthe Respondent No.1 & 2: sMT. NvR RAJYALI KSHMr REp. FoR SRI N. BHUJANGA I iAO, Deputy Solicitor Ge reral of India Counsel for the Respondent No.3 & 4: Gp FOR HOME Counsel for the Respondent No.5: SRI K. VENKATARAMAT AIAH The Court made the following: ORDER l I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3 2OO5 of 2025 Date d: 09.12 .2025 Between: Gopa-la Krishna prasad Chandrapati Union of India & four others AND ORDER: ...Petitioner ...Respondents The petitioner submitted ar online Application (No.HY3075525699225, dated 21.08.2025) seeking renewal of passport, however, the respondent - passport Authority has refused to renew the passport on the ground that the petitioner is facing criminal proceedings in c.c.No.353 of 2623 on the rrle of learned .ludicia-l Magistrate of First Class Court at Na.tgonda (Specia-l Mobile court), for the offences punishable under Sections 417 , 42O, 468, 4Z I , 506 of IpC and I 56 (3) of C.. p. C.

2. Heard Ms. pratusha Boppana, learned counsel for the petitioner; Smt NVR Rajyalakshmi, learned counsel representing { 5 ---\ \l -H.,! Sri N. Bhujanga Rao, learned Depurtv Solicitor Ger.r ral of india, for respondent Nos. 1 and 2 and learned Governrrr nt pleader for Home, for respondent Nos.3 and 4. Perused the recc rd.

3. Learned counsel for the petitioner subrr its that mere arraignment of the petitioner in a criminal case carr rot be a ground for denial of renewal of passport. He relies on the.i,rdgment of this Court in W.P.No.24690 of 2025, dated 03.09.2025.

4. Learned Stancllng Counbel for Centrai Goverr ment, subrnits that a criminal case uide C.C.No.353 of 2023 on th r file of learned Judicial Magistrate of First Class Court at Nalgondri (Special Mobile Court). for the offences punishable under Sections 117 . 42O, 468, 47 1, 506 of IPC and 156(3) of Cr.P.C, IS pendi rg against the petitioner and therefore, refusal to renew the pasr; )ort as per the Passport Rules cannot be said to be illegal.

5. Be that as it may, considering the judgment c I the coordinate Bench of this Court in W.P.No.35056 of 2023, daL d 02.O1.2024, and the purpose for which the passport is being r: luested by the petitioner, this Cc'rrt directs respondent No.2 to renew the passport of the petitioner on the following condition s if The petitioner herein shall submit an uadr I taking along with an aflidavit in C.C.No.353 of 2023, pending on t re file of the learned Judicial Magistrate of First Class Court rt Nalgonda (Special Mobile Court), stating that he shall not leavr: tndia during l pendency of the said C,C., wilhout permisslon of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.C. ii) On liling such ar undertakllrg as weU as aflidavit, the trial Court shall issue a certilied copy of the same within two (21 weeks therefrom; iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the passport Officer I Authority concerned for renewal of passportl iv) On filing such an application, the passport Oflicer/ Authorlty shall consider the same afresh in the light of the observations made by this Cgurt herein as well as the contents of the undertaking given by the petitioner for renewal of passport, in accordance with law, within threc (O3l weeis from the date of said application; vl On issuance of the passport, the petitioner herein shall deposit the samg before the trial Court in C.C.No.3S3 of 2O2J ,and ' vil However, liberty is granted to the petitioner herein to Iile an application before the learned magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with Law.

6. Accordingly, the Writ Petition is disposcJ of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed. -- SD/-U. SUDHA SSISTANT REGISTRAB //TRUE COPY// SECTION OFFICER To, iH:,:fi :["J:yd#l'"&?JJ:$l^rY'tii]iJ',Ji",'61tH:;]?:'o"'n' 3. The Secretary, State ot ieBiglna' Home Department' Secretariat' Sedunderabad 5023 Telanoana e. bt: #ii it [t*l#ruffi,r$t**:?r'$tu, ", r +$ftB:YfLP FoR H.ME, Hish court ror the state or relansana [oUTi 9. Two CD CoPies aNl L M/ HIGH COURT DATED:0911212025 ,. ,,,, { I iJ l:') ,lilt S l'..iic: 19 0EC zt[l \-I *r ORDER WP.No.32005 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 rA v