High Court · 2025

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 a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the action of the 2id respondent in not entertaining the application no. HY7064989282923 dated t9- 01- 2023 of the petitioner for lssuance of passport on the ground he involved in cr. No 49 of 2021 on the file of Honble First Addl. Judicial First class Magistrate At Jagithyal is pending as illegal, arbitrary, unjust and in violation of principles of natural. justice and consequently direct the 2nd Respondent to issue the passport application no. HY7064989282923 dated 19- 01- 2023. lA NO: 1 OF 2024 Petition under section i 5i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to 7 direct the znd Respondent to tssue the passport application HY706498928 2923 daled 19- 01- 2023, pending disposal of the writ petition Counsel for the Petitioner: SRI MS. B. KEERTHI, REPRESENTING SRI BALA MURALI Y Counsel for the Respondents: SRI P. SURAJ YADAV, SC The Court made the following: ORDER HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No. 33332 of2024 O.RDER: This Writ Petition is filed seeking the lollowing relief:- "to issue a Writ order or Direction more particularly one in the nature of Writ of Mardarnus declaring the action of the Respondent No.2 in not entertaining the application No.HY7064989282923, dared 19.O1.2023 of the petitioner for issuance of passport on the ground that he involved in Cr.No.49 of 2O2l on the hle of I Additional Judicial Magistrate of the First Class, Jaithyal as illegal and arbitrary and consequently, direct respondent No.2 to reissue the passport of the petitioner or pass appropriate orders."

2. Heard Ms.B.Keerthi Redd1,, learned counsel representing Mr.Y. Bala Murali, learned counsel for the petitioner ald Mr.P.Suraj Yadav, iearned Standing Counsei appearing on behalf of respondent Nos. 1 and,2.

3. Learned counsel for the petitioner submits that respondent No.2 is not considering the application bearing No.HY7064989282923, dated 19.01.2023 submitted by the petitioner for issuance of the passport on the alleged ground that he involved in Crime No.49 of 2O2l on the file of I Additional Judicial Magistrate of the First Class, 2 Jagithyal. Learned counsel submits that the Investrgating Authorities after conducting investigation flled charge sheet. The sarn e was taken on file as J'C C'No 51 ol 2022 on the file of the I Additional Judicial Magistrate of the First Class, liarimnagar. Mere pendenc-u- of the crimrnal case is not a ground for rejection of the application submitted b1' the petitioner. Learned counsel further submits that in simitar circumstances, this Court disposed of the writ petition vide W.P'No' 10462 of 2023 on 18.04.2023 ',r.ith certain conditions. With the ven same conditions, respondent No.2 may be directed to consider the application submitted by the petitioner'

4. Learned counsel for respondent No'2 sr'rbmir's that respondent N:o.2 may consider the application submitted by the petitioner in terms of the order passed bv this Court on 18.04.2023 in W.P.No.10462 of 2023'

5. In vievi of the said submissions made by' the respective parties, this Writ Petition is disposed of directing respondent No.2 to consider the application bearing No.HY7O6498g2a2g23, dated 19.01.2023 submitted br- tl'e ---7 I \ 3 petitioner for issuance of the passport ,"vi th the lollowing conditions: i) The petitioner herein shall submit ar undertaking along with an affidavit in J.C.C.No.51 of 2022 on the fite of the t Additional Judicial Magistrate of the First Class, Karimnagar, stating that he shall not leave India during pendency ol the said J.C.C. without permission of the Court and that he shall co-operate w.ith trial Court in concluding the proceedings in the said J. C. C. ; ii) On fiiing such an undertaking as r,vell as afhdavit, the trial Court shall issue a certified copy of the same within t,,vo (O2) weeks therefrom; iii) The petitioner herein shall submit certified copy of this order as uell as the aforesaid undertaking before the passport Officer/ Authority concerned for issuance of passport; i") The Passport Officer/Authority shali consider the said application in the light of the observations made by this Court herein as lr,ell as the contents of the undertaking given by the petitioner for issuance of passport in I I ( 4 ac,:ordance rvith law, '"vithin two (03) u'eeks from the date of said aPPlication; v) On issuance of the Passport, the petitioner herein shall deposit the original Passport before the trial Court in J.C.C'No'51 of 2022; and vi) However, liberty is granted to the pet'ittoner herein to file an application before the learned Magistrate seeking permission to travei abroad' anci it is for the learned Magistrate to c'lnsider the same in accordance with law' 6 . With tl-re above observations, the Writ Petitron rs disposed of. No costs Pending miscellaneous applications' if anr'' shal1 stand closed //TRUE COPY// SD/. T. TIRUMALA DEVI STRAR ASSI FFICER eioik Secietariat Raisina Hill, New Delhi, Delhi, lndia' l.ThePrincipalsercretary,Unionoflndia,MinistryofFxternalAffairsSouth z ii n"g6""l iaisport office' 73 Red Cross Road, Shivaii Nagar' s. ontic to Sri uala Murali Y, Advocate tqiqgl^- ;. o; Cc to sti P. Suraj Yadav, Advocate [OPUC] 5. Two CD CoPies Secunderabad, Telangana- 500003' " To, TJ GJP (/- ffi--*f<<_ HIGH COURT CC TODAY DATED:27l0112425 1v'i :tAI 6- Cir 3 [ ![!{ ';[fi i:l \ ) O ORDER WP.No.33332 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS (n- I'TI*- 1c4)a I