Srinivas Reddy Mannem v. 1. The Union of lndia

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed theiewith, the High Court may be pleased to issue ah appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 2nd respondent in l taking steps to issue the petitioner Passport with reference to Application. No. No.HY10649887462925dt'03l9l2o25inspiteofsubmittingtheclarification -to-thu-letterdt-8t8tm25-of-the-2nd'-rcsBonfent-avbei-rTg-illegal;-- --- , - arbitrary unjust and unconstitutional and consequently direct the 2nd respondent herein to issue a new passport to the petitioner with reference to Application. No. HY1 06498 87 462925 dt. 0319 12025. .. , . .. .,, ::jI ;.. :."*:..ri..t "i-f."#.:?+lt l.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2 herein to issue the passport to the petitioner herein with reference to File No. HY10649887462925 dt. 03-9-2025, pending disposal of the main writ petition. Counsel for the Petitioner : SRI KARUNAKAR REDDY Counsel for the Respondent Nos.1 & 2 : Smt. N.V.R .RAJYA LAKSHMI, LEARED STANDING COUNSEL FOR CENTRAL GOVERNMENT REPRESENTING SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.3 : SRI TARUN RAM AITHAM The Court made the following ORDER L I .,,.. -;,:it*.*aiiri^'l-.,- - '.. i'"l".i.rrt##,Sl*![G*tt&.E.;i;i,.: : .] ' ' . ;i..,, ,. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A UIRIT PETITIO N No.33245 of 2o25

02.12.2()25 Between: Srinivas Reddy Mannem AND The Union of India & two others ORDER: .Petitioner ...Respondents The Writ Petition is filed challenging the action of Respondent No.2 in not issuing the petitioner's passport uide File No.HY10649887462925, dated O3.O9.2O25, on the ground of ' pendency of criminal case.

2. Heard Sri Karunakar Reddy, learned counsel for petitioner, Smt N.V.R.Rqiya Lakshmi, learned Standing Counsel for Central I Government representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos.l and 2 and Sri Tarun Ram Aitham, learned counsel for respondent No.3. Perused the record, 1 NBKJ wP 33245 2025

3. Learned counsel for 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 O3.O9.2O25.

4. Learned Standing Counsel for the respondents submits that criminal case is pending against the petitioner uide C.C.No.151 of 2022 before the learned Junior Civil Judge, Husunagar for the offences punishable under Sections 448, 324 and 506 of IPC. It is submitted that the respondent authorities would consider the petitioner's application for a period of one year only, if he obtains permission to travel abroad from the court where the criminal case is pending against him.

5. Be that as it ffi?y, considering the judgment of the coordinate Bench of this Court in W.P.No.2469O .of 2025, dated O3.O9.2025, and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent No.2 to issue the t passport to the petitioner on the following conditions: if The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.151 of 2022, pending on the Iile of learned Junior Civil Judge, Husunagar., stating that he shall not leave India during pendency of the said C.C., without permission of the Court and that he shall cooperate with trial Court in concluding the proceedings ia the said C.C; ii) On filing such an uadertaking as well as aflidavit, the trial Court shall issue a certified copy of the same within two (21 z1*""k" therefrom; NBK.J wP 332{5 2025 iiif The petitioaer hereia shall submit alr applicatiotr afresh along with certilied copy of this order as well as the aforesald uadertakhg before the Passport OIIicer / Authority concerned for issulng the passport; ivl Oa liling such an applicatiot, the Passport Ofllcer/ Authorlty shall coasider the same afresh irr thc light of the observatioas made by this Court hereia. as well as the coatetrts of the -- dertakiag glven by the petltiotrer for issuing the passport, in accordaace wlth law, wlthin three (O3l weeks from the date of sald application; vl Respondent No.2 shall consider the Passport Rules, the application for renewlng of the 1967 while passport to the vtl The competert authority shall specify the permissioa period of ole year for the petitioaer to lssue the passport for f,14e6lli'g abroad, and also obtaln appropriate undertaking from the petitioner stating that the petltloEer shall not overstay the permitted period arrd shall surrender the passport upor return to India. viil Aay other condition as deemed appropriate by the trial Court.

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/-A.H.S. GOWRISHAN ASSTSTANT REG @ SECTION OFFICER Affairs' CTV Division TVI Kummarquda, Secunderabad' Seition Patiaii House Annexe, New Delhi'

1. The Secretary, Union of lndia, Ministry o{ Fxternal " ,. il;'i;;U;tt bmiet, ilsi";;i PJssport officer D' No' 8-2-21 5 to 21e' 3. i);; ce "t ;BHiKAHu il\KAR RED DY, AdvocateloP I'J cl 4. one cc to sRl N.BHUJA'Gi'il-o] ijeitiii-sbllclrdR GENERAL oF " 5. &; cei; sR'i-rniur'r nnu AlrHAM, Advocate (oPUc) 6. Two CD Copies rfrfOfe Advocate TOPUCI To SA BS HIGH COURT DATED il2ll2l2025 ORDER WP.No.33245 of 2025 ir1* IAS t'() 0 i JAl'| ?[26 '.) {r I I ) t I DISPOSING OF THE W.P WITHOUT COSTS.

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