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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not re- issue and renewal of the passport bearing No. L2243986 of the petitioner in spite of giving an undertaking under GSR 570(E) issued as Gazette Notification by The Ministry of External Affairs Government of lndia and subsequent appeal filed u/s 11 of the Passport Act,1967 dated 18-9-2025 which was rejected by the respondent herein vide letter Ref.No.OBJ/1050182183125 dated 26- 09-2025. as illegal, unjust, arbitrary, discriminatory, unco nstitutiona I and violation of Principles of NaturaF Ju renew/reissue,nu o, r.o".l'l'j:, IA NOi 10F 202s "Tl" :H;H:'I ;J::, ll:. respondent to Petition under section '15i cpc praying that in the c rcumstances stated in the affidavit fired in support of the petition, the High cour may be preased to pass orders to direct the bear ns L 2243s86",,;;il;::"[:ilil"::.#,: :; ffi , lT#;:"- Counsel for the petitioner:SRl. VOOSA RAGHU COUNSEI fOrthE RESPONdCNTS NO 1: SRI NARAPARAJU AVI.I IEESH, SC FOR Counsel for the Respondent No 2 : Gp FOR HOME Counsel for the Respondr CENTRAL GO!: spEc,A.FiEii:THsst8x|1-"ibAx3LT"['-1]rIio"BUREAU 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.32749 of 2025 Dated: 09.L2.2O25 Between: Venkata Bhaskar Rao Chelamala AND Union of India & two others ORDER: ...Petitioner ...Respondents The petitioner submitted an oniine Application (No.HY207i940795113, dated 21.O7.20241 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 FIR.No.12/RCO-RRR/2020, dated
24.O9.2O2O on the file of the Anti Corruption Bureau, Ranga Reddy District, Hyderabad, for the offences punishable under Sections 13(1) (d) of Prevention of Corruption (PC) Act, 1988 and 7(c) of PC Act, 1988 (As amended in 2018) and 120, 47I,477Ar/w l2OB,34 and 109 of IPC. ...+_----' -.a
2. Heard Sri Voosa Raghu, learned counsel lor the petitioner; Sri Naraparaju Avaneesh, iearned Standing C< unsel for Central \ Government, for respondent No. 1, learned Govt:t nment Pleader for Home, for respondent No.2 and Sri T Baia Moh rn Reddy, learned Special Public Prosecutor for Anti Corrulr, ion Bureau, for respondent No.3. Perused the record.
3. Learned counsel for the petitioner sr; rmits that mere arraignment of the petitioner in a crimina-l case I rnnot be a ground for denial of renewal of passport. He reiies on th : judgment of this Court in W.P.No.2469O of 2025, dated 03.09.201) i 4 . Learned Standing Counsel for Central Government, for responded No.1, submits that a criminal case ui,l ; FIR.No.12IRCO- RRR/2020, daled 24.O9.2O2J on the file of tir r Anti Corruption Bureau, Ranga Reddy District, Hyderabad, for the offences punishable under Sections 13(1) (d) of Prevent on of Corruption (PC) Act, 19BB arrd 7(c) of PC Act, 1988 (As ami.: ded in 2018) and 420, 47L, 477A rlw l2OB, 34 and 109 of IPC, i; pending against the petitioner and therefore, refusal to renew t.-r: passport as per the Passport Rules calnot be said to be illegal. 5 Be that as it may, considering the judgmerr' of the coordinate Bench of this Court in W.p.No.35O56 of 2023, < ated 02.01.2024, - and the purpose for which the passport is being requested by the petitioner, this Court directs respondent-Passport Authority to renew the passport of the petitioner on the following conditions: l) The petitloner hereio shall submit an undertaking along with an aflidavit in FIR.No.12IRCO-RRR/2O20' perding on the file of the Anti Corruption Bureau, Ranga Reddy District, Hyderabad, stating that he shall not leave India during pendency of the said FIR, without permisslon of the concerned trial Court and that he shall cooPerate with the concerned trial Court in concluding the proceedings in the said FIR. ii) On filing such an undertaking as well as aflldavit, the Anti Cormption Bureau, Ranga Reddy Distric:, Hyderabad shall issue a certified copy of the same within two (2) weeks therefrom; iiil The Petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the PassPort Oflicer / Authority concerned for renewal of PassPort; iv) On frling such an aPPlication, the PassPort Oflicer/ Authority shall consider the same afresh in the light of the observations made by thls Court herein as v,ell as the contents of the undertaking given by the Petitioner for renewal of passport' in accordance *itt l"*, within three (O3l weel's from the date of said application; vl On issuance of the passPort, the Petitioner herein shall deposit the same before the concerned trial Court, and vi) However, liberty is granted to the petitioner hereln to file an application before the concerned learned magistrate seeking piimission to travel abroad, and it is for the learned Magistrate 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, if any, pending in this Writ Petition' shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL EPUTY REGISTR ECTION OFFICER To, ---+r-- - ---_\\-* The Union Of lndia, Ministry of External Affairs, R Secunderabad . Telangana-500003 al Passport Office,
2.ThePrincipalsecretary(HomeDepartment),StateofT:angana'Secretariat' Hyderabad.
3.lnspectorofPolice,AntiCorruptionBureau,R.R.Dist,Fl.derabad.Telangana State.
4. One CC to SRl. VOOSA RAGHU, Advocate [OPUC] 5. One CC to SRl. NARAPARAJU AVANEESH, SC FOR : TNTRAL GOW loPUCl
6. Two CCS tO SPECIAL PUBLIC PROSECUTOR FOR ANI CORRUPTION " aunenu-,-ffign-Corrt for the State of Telangana at Hyde 'abad [OUT
7. Two CCs to GP FOR HOME, High Court for the State < f Telangana at Hyderabad. [OUT] B. Two CD CoPies DAN GJP \ I 1 I I I I HIGH COURT DATED:0911212025 ORDER WP.No.32749 ot 2025 \ \ t- : :-- ,') 1j,; 7 ;, \u. \ (. ) Ll t., tr m :,,,i , - ,.1.,'!/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \a $