The High Court · 2025

in the affidavil: filed in support of the writ pietition, the High Court may be pleased to direct the Flespondents No.2 to consider the application made by the petitloner vide file No. I-1YM066448O48324 and issue the passport in the interest of iustice. Counsel for the Petitioner: SRI ALLURI DIVAKAR REDDY Counsel forthe Respondent Nos.l and 2: Smt. B. KAVITHA YAOAV (cENTRAL GOVT COUNSEL) Counsel for the Respondent No.3: AGP FOR HOME The Court mirde the following: ORDER v THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No.33237 of 2O25 ORDER: This writ Petition is filed being aggrieved by the action of respondent No.2 in respect of not issuing fresh Passport in pursuant to the application made by the petitioner vide file No.HYM066+48O48324 dated 12.04.2024 on the ground of pending Criminal'Case vide Cr,No.2Il of 2023 on the file,of SHO Mamnoor : PS, Warangal District as being illegal, arbitrary and in violation of principles of natural justice and also in violation of procedure laid down under the Passports Act, 1967 and consequently direct the respondent No.2 to issue fresh Pt ssport to' the petitioner by considering petitioner's application vide No. No. HYMO 66448048324 dated 12.04.2024.

2. Sfi Alitr5i Divakar Reddy, learned counsel for the petitioner submitted that the issue raised. in this writ petition is no longer res integra in view of the order, dated 14.03.2024 passed by this Couf in ,W.P.N o.28O2 of 2024, wherein this Court; relying upon th.q guid.elines issued by the Hon'ble Apex Court as well as this Court in various judgments, where the passports are pending on the ground of registration of criminal cases, held that pendency of criminal cases is not a ground to refuse the passport. \ ,.-: 2 . i.' .i !. ;,,i - , r:].3i; Smt. B. Kavitha Yadav, learned Standing Counsel for Central Gcivernmerrt, for respondent Nos.l and 2 ancl learnbd Assistant ' ti.,, !; . , Government Pleader for Home, for respondent No.3 have not disputed the said fact and stated that the present case is covered by tlre orders passed bv this Cou:t in W.P.No.2802 of 2024.

4. In l'iew of the aforesaid submissions, this Court deems it approprial.e to dispose of the writ petition inr terms of the order phssed by this Court in W.P.No.28O2 of 2024, dated L4.O3.2O24 and the respondents are directed to consider the petitioner's application No.HYMO66448048324 dated 12.O4.2024 by following.the psogedure contemplzrted under Section 6 (21 (0 of the Passports Act, 1967 and the Rules made thereunder, subject to the following conditions:-

1. The' petitioner shall subrnit an undertaking, along with an afliCavit in C.C.No.S8 of 2024 on the file of the Ju<licial First Class Magistrate Court, Warangal, stating that he will not teave Indi-r during pendency of the said case t, l. without permission of the Court and that he will cooperate with the trial Court in concluding the proceedings in the said ca:;e

2. an fling of such an undertaking as well as affidavit, the trial court shall issue a certified copy of the same to the ,Betitioner within a period of two (O2) weeks therefrom.' _.r / 3

3. The petitioner shall submit certified copy of the aforesaid undertaking before the Passport Officer for issuance of his passport and. the Passport Officer shall consider the application No.HYM 066448048324 dated 12.04 -2024 submitted by the petitioner in accordance wlth law, within two (02) weeks from the date of subniission of such undertaking.

4. On issuance of passport, the petitioner shall deposit the same before the trial Court in C.C.No.S8 of 2024 on the file of the Judicial First Class Magistr::te Court, Warangal. However, tiberty is granted to the petitioner to file an application before the trial court'seekin$ permission to travel abroad and it is for :. r consider the same in accordance with law' 5 Accordingly, this writ Petition is disposed of. There shall be,,no order as to costs. Miscellaneous applications, if any pending, 9[al1 stand closed. _. Sd/.L.VIJAYA LAXMI ISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 4)

1. The Principal Secretary, M.inistry of External Affairs, South Block' Secretariat' ni[ini tiiit, tne Uniori of lndia, New Delhi, lndia'

2. The Regional Passport Officer, 0/0. The Regional Passoort Office' D'No'8'2- 21 S toz t g, u ea?-F#ffi i'i6;"t*, kr rn rl"rgudi, S ecir nd erabad, Tel angana - 500003.

3. The Station House officer(cH. Praveen Kumar), PS Mamnoor, warangal District.

4.OneCCtoSriAlluriDivakarReddy,Advocate[OPUC] 5. one cc to smt. B. Kavitha Yadav (CENTRAL GOVT COUNSEL) [oPUCl 6. Two ccs to the GP for Home, High court for the state of Telangana, at HyderabadtOUTI 7. Two CD CoPies HIGH COIJRT DATED:1 011112025 ORDER WP.No.33237 of 2025 .ir: ; l 3 06 ttg zozb * SPirf DISPOSING OF THE WRIT PETITION WITHOI.'T COSTS b v