Manoj Jeekuri v. Union of lndia

Secretariat Raisin' Hall, New Delhi - '1 10 001 . The Regional Passport Officer, Office of the Regional Passport Office Telangana, Hydera'bad, O/o. D.No.B-2-215 to 219 Kummarguda, Secunderabad - 500 003. Chityala Harish, S/o. Srinivas, Aged about l9 years, Occ. Student, R/o. Kathlapur Village and Mandal, Jagtial District. 2 3 R3 impleaded as per C.O.dt.11.'11.2025 in lA No.2/2025 ...RESPONDENTS 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 particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd Respondent in s not considering the application of the petitioner for issuance of Passport vide Passport Application No.HY4065675495523 dt.12.08.2023 on the ground of pendency of criminal case against the petitioner in crimeNo.37612022 on lhe file of Korutla Police station, Jagtial District now pending on the file of Junior civil Judge court at Korutla in c.c.No.82l2023 as illegal, arbitrary, unco nstitutiona l, against the principles of natural justice and contrary to the provisions of Passport Act 1967 and consequently direct the 2nd respondent to consider the Petitioner's Passport Application No. Hy406567 S4ISS23 dt.12 Oti. 2023 without reference to the pending criminal case and to issue the passport tc he petitioner. 1A NO:10 F 2025 Petition under secrion 151 Cpc praying that irr the circumstances stated in the affidavit fired in support of the petition, the High court may be preasecJ to direct the 2nd respondent to consider the passport Ap:rication of the petitioner bearing No Hy4065675495523 dt.12.08.2023 without eference to the pending criminar case in crime No.376/2022 0n the fire of Ko^,a porice station, jagtiar District now pending on the fire of Junior civir Jtrr ge court at Korura in C.C.No.82l2O23 and to issue the passport to the petitir ner, pending disposat of the above writ petition. Counsel for the petitioners: SRI C.HARI PREETH Counsel for the Respondent No.1 & 2: SRI ANGOTHU t\ EHRU, SC FoR CENTFT L GoiT. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3242L of 2025 Dated: 09.L2.2O25 Between: Manoj Jeekuri Union of India & two others AND ORDER: ...Petitioner ...Respondents The petitioner submitted an online Application (No.HY4O65675495523, dated 12.08.2023) seeking issuance of a new Passport, however, the respondent - Passport Authority has refused to issue the passport on the ground t-tat the petitioner is facing criminal proceedings in C.C.No.82 of 2023 on the hle of learned Judicial Magistrate of First Class at Korutla, for the offences punishable under Sections 290, 325 r lw 34 of IPC.

2. Heard Sri C. Hari Preeth, learned counsel for petitioner and Sri Angothu Nehru, learned Starrding Counsel for Central Government for respondent Nos.1 and 2. Perused the record. \

3. Learned counsel for the petitioner srr ;mits that mere arraignment of the petitioner in a criminal case ,: rnnot be a ground for denial of passport. He relies on the judgmer t of this Court in W.P.No.2469O of 2025, dated 03.09.2025.

4. Learned Standing Counsel for Central Gor :rnment, submits that a criminal case uide C.C.No.S2 of 2023 ur Cer Sections 290, 325 r /w 34 of IPC rn the file of the learned Juc icial Magistrate of First Class at Korutla, is pending against ,. re petitioner and therefore, refusa_l to issue passport as per tl e passport Rules cannot be said to be illegal.

5. Be that as it may, considering the judgme I _ of the coordinate Bench of this Courr in W.p.No.35056 of 2023, lated O2.O1.2024, and the purpose for which the passport is beir 1 requested by the petitioner, this Court directs respondent No.2 tc ssue the passport to the petitioner on the following conditions: il The petitioner herein shall submit an rr with an aflidavit in C.C.No.S2 of 2023, pending r learned Judicial Magistrate of First Class at Korr he shall not leave India during pendency of the : permission of the Court and that he shall coor Court in concluding the proceedings in the said C Ldertaking along n the file of the tla, stating that .id C.C., without erate with trlal .c. ti) On frling such an undertaking as well trlal Court shall issue a certified copy of the san weeks therefrom; as aIfidawit, the e withir two {2) iii) The petitioner herein shall submit afresh along with certlfied copy of this order an application as well as the l aforesaid undertaking before the Passport Oflicer / Authority concerued for lssuance of passport; ivl On filing such an application, the Passport Oflicer/ Authority shall consider the same afresh in the llght of the observatious made by this Court herein as well as the coatents of the utrdertaking given by the petitioner for issuance of passport, in accordance with law, within three (O3) weeks from the date of said application; v) On issuance of the PassPort, the Petitioner herein shall deposit the same before the trial Court in C.C.No.82 of 2023 ,and vi) However, liberty is granted to the petitioner herein to Iile an applicatiou before the learned magistrate seeking permission to travel abroad, and lt is for the learned Maglstrate to consider the same in accordance with law.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs Miscellaneous petitions, il any, pending in this Writ Petition, sha1l stand closed. D/.K.BHAVANI SWA srsTANT REG //TRUE COPY// SECTION OFFICER T To, '1 . The Judicial Magistrate of First Class at Korutla. 2. The Secretary, Ministry of External Affairs, So Hall, New Delhi, Union of lndia - 110 001. ck, Secretariat Raisin'

3. The Regional Passport Officer, Office of the RLgional- Passport Office Telangaia, Hyderabad, O/o. D.No.8-2-215 to 219 Kummarguda, Secunderabad - 500 003.

4. One CC to SRI C.HARI PREETH, Advocate [OPUCI 5. One CCtoSRl ANGOTHU NEHRU, SC FOR CENTRAL GOW. [OPUC] 6. Two CD Copies BSR HIGH COURT DATED: 0911212025 lHE SI4 c c) 3 1 0it 2025 l z o .Q:sg ORDER WP.No.32421 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q 't 9t