Salandri Madhu Kumar v. 1. The State of Telangana

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 or order or direction more particularly one in the nature Writ of Mandamus declaring the action of respondents No. 2 and 3 in not re- issue and renewal of the Passport bearing No. P0702474 of the petitioner on receipt of the fees to the respondent herein is illegal, arbitrary and unconstitutional and consequently direct the respondents No. 2 and 3 to renewal / re-issue the'=passport bearing No. P0702 474 of the petitioner lA NO: I OF 2025 Petition under section 151 cPc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents No. 2 and 3 to renewar/ re_issue the passport bearing No. P0702474 of the petitioner, pending disposar of the above writ petition SRl. B. MADHU SUDHAN RAO Counsel for the petitioner: counserfor the Respondent Nos. 1&4: Gp FoR HOME Counsel for the Respondent No.2:SRl N. BHUJANGA RAO, c o u n s e t ro r t h e Res p o n d e nt N o. 3 : r #.",t.t ?*l' R[o.Ioif 15 fifi i, $r N D rA The Court made the foilowing: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION .32602 ot 2025 Dated:1 1 .12.2025 Between Salandri Madhu Kumar, S/o.Salandri Krishna, R/o.Hyderabad. AND The State of Telangana, rep. by its Principal Secretary, Home Department, Hyderabad & 4 others. ...Petitioner ...Respondents ORDER: 1. This Writ Petition is filed declaring the action of respondent Nos.2 & 3 in not renewing/reissuing the Passport bearing No.P0702474 of the petitioner on receipt of the fees to the respondent as illegal and arbitrary ar;d consequently to direct the respondent Nos.2 & 3 to reneWreissue the Passport bering No.P0702474 of the petitioner.

2. Heard Sri B.Madhusudhan Rao, learned counsel for the petitioner, learned Government Pleader for Home representing 1 respondent Nos.1 & 4, Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia representing respondent No.2 and Smt.N.V.R.Rajyalakshmi, learned Standing Counsel representing respondent No.3.

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.24690' of .2025, dated 03.09.2025.

4. Learned Standing Counsel for Central Government subnrits that a criminal case yrde C.C.No.419 ol 2024, on the file of the learned Junior Civil Judge-cum-XVll Additional Judicial Magistrate of First Class, Maheshwaram, Ranga Reddy District, registered for the offences punislrable under Section s 441 , 422 ,504 and 506 read with 34 of lPC, is pending against the petitioner and therefore, refusal to issue passport as per the Passport Rules cannot be said to be illegal.

5. Be that as it may, considering the judgment of the Coordinate Bench of this Court in W.P.No.35056 ot 2023, dated 02.01 .2024 and the purpose for which the passport is being requested by the petitioner, this Court directs respondent Nos.2 & 3 to renedreissue the passport to the petitioner on the following conditions; I I \ 3 i) The petitioner herein shail submit an undertaking arong with an affidavit in c.c.No.41g of 2024, on the fire of the learned Junior civir Judge-cum-Xvtt Additionat Judiciat Magistrate of First c/ass, Maheshwaram, Ranga Reddy District stating that he shail not reave rndia during pendency of the saac c. c. without permission of the court and that he shall cooperate with triat Court in concluding the proceedings in the said C.C. ii) On filing such an undertaking as well as affidavit, the triat court shallissue a certified copy of the same within two (2) weeks therefrom; iii) The petitioner herein shall submit an apptication afresh along with certified copy of this order as well as the aforesaid undertaking before the passport officer / Authoity concerned forissuance of passport; iv) on filing such an apprication, the passporf officer/ Authoity shail consider the same afresh in the tight of the obseruations'made by this cou;l herein as weil as the contents of the undertaking given by the petitioner for issuance of passpo rt, in accordance with raw, within three (03) weeks from the date of said application; v) on issuance of the passport, the petitioner herein shatt deposit the same before the triat court in c.c.No.4lg of 2024; ;'! i I I I I t: 1 :i 4 vi) However, liberty is grnnted to the petitioner herein to file 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 disposed of. There shall be no order as to costs.

7. [t/iscellaneous petitions, if any, pending in this writ petition, shall stand closed //TRUE COPYII K.BHAVANTSWAMY ANT REGISTRAR ECTION OFFICER To, Rachakonda Kummariguda, Secunderadad. 1 $" Principal secretary, Home Department, secretariat, T.s.,Hyderabad. 2. The secretary, Government of tndia, Ministrv oienEindtAff;l;;1-- --- 3. The Passport officer, Regional passport'office, o.ruo.-b-z_21s to 219, 4. The Commissionerate, lnspector of Police, Maheshwaram police Station, 5. One CC to SRt. B. MADHU SUDE ry ry\O, Advocate tOpUCI 6. one CC to SRl. N. BHUJANGA RAo, oy.SollciioRbr-r.rERAL oF INDIA 7' Two CCs to GP FOR HOME,High Court for the State of Telangana at 8. One CC to Smt. N.V.R. RAJYALAKSHMI, SC tOpUCI 9. Two CD Copies Hyderabad [OUT] loPUCl BMW HIGH COURT DATED:1 1t12t2O2S ORDER WP.No.32602 ot 2025 HE{ S tt, 0 ?s6 10 t S z 6\ * DISPOSING OF THE WRIT PETITION WTHOUT COSTS (