Sri Siva Sai Varma Manthena v. Union of lndia

3. Smt. Vadde Mamatha, D/o. Sri Vadde Balraj, Aged 26 years, Rl/o. H.No.5-186, Bharath Nagar, Makthal Mandal, Narayanpet District, Telangana 509208. Respondent no.3 impleaded as per C.O.d1.19.12.2025 in lA No.212025. ...RESPONDENTS 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 ln view of the foregoing, circumstances the petitioner respectfully prays that this Hon'ble Court may be pleased to lssue a Writ of Mandamus or any other appropriate writ, order, or direction declaring the action of the 2nd Respondent in directing the petitioner to surrender his passport bearing No. 2AO74572 dated 04-04-2025 and retaining the same as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19(1Xg), 21 and 300-4' of the Constitution of lndia, and consequently direct the respondents to forthwith return the said passport to the petitio ner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ,; in the affidavit filed in support of the petition, the High Cou' direct the 2nd Respondent to return the passport bearing r 04-04-2025 to the petitioner and permit him to use the s identification purposes, and pass such other order as der: pending disposal of the above writ petition. cumstances stated may be pleased to t. 2A074572 daled rme for travel and red fit and proper, Counsel for the Petitioner: SRI PARAMPALLY SHAMANTH,a { HANDE Counsel for the Respondent No.1 & 2: SRI N.BHUJANGA Rl O, DEPUTY SOLICITOR ( ;ENERAL OF INDIA The Gourt made the following: ORDER TN THE HTGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.348 L2 of 2o25

29.12.2o25 Between: Sri Siva Sai Varma Manthena AND The Union of India, Represented by its Secretary, Ministry of External Affairs, South Block, , New Delhi, & one another ...Petitioner ORDER: ...Respondents The writ Petition is filed chaJlenging the action of Respondent No.2 in not releasing/returning the petitioner's passport uid.e File No.HY30749 46211I25, dated O4.O4.2O25 on the ground ol pendency of criminal case.

2. Heard Sri P. Shamanthak Hande, learned counsel for the petitioner and Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, appearing for respondent Nos.1 & 2. perused the record. 2 F! NBIqJ E" 34E 12 2025

3. Learned counsel for petitioner submits that n ere arraignment of the petitioner in a criminal case cannot be a gr,r rnd for denial of passport. He relies on the judgment of this Court r W.P.No.31316 of 2025, dated 27.1O.2O25.

4. Learned Standing Counsel for the responde r ts submits that criminal case is pending against the petitioner urr e C.C.No.386 of 2024 on the file of learned Additional Judr< .al First Class Magistrate, Narayanpet. It is submitted that :he respondent authorities would consider the petitioner's applicrr ion for a period of one year onl1., if he obtains permission to trave I rbroad from the court where the crimina-l case is pending against Li n.

5. Be that as it may, considering the judgment , f the coordinate Bench of this Court in W.P.No.31316 of 2025, dz .ed 27.70.2025, and the purpose for which the passport is being r :quested by the petitioner, this Court directs the respondent No.2 to re-issue the passport to the petitioner on the following conditior s: il The petitioner herein shall submit an unrl with an aflidawit in C.C.No.386 of 2024, pending learned Additional Judicial First Class Magistrat,: stating that he shall not leave India during penden C.C., without permission of the Court and that he s with trial Court in concluding the proceedings in th ii) On filiag such an undertaking as well as trial Court shall issue a certifred copy of the samc weeks therefroml 'rtaking along rn the lile of Narayanpet., :y of the said .rall cooperate said C.C; aflidavit, the rithia two (21 q/ 3 NBK.J wP 14812 2025 iii) The petitioner herein shall submit ar applicatior afresh along with certified copy of this order as well as the aforesaid undertaking before the passport Oflicer / Authority concerned for release/return of passport; iv) On filing such an application, the passport Officet/ Authority shall coasider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for release/return of passport, in accordance with law, within three (O3l weeks from the date of said application; vf Respondent No.2 shall consider the passport Rules, 1967 while considering the application for issuing ofthe passport to the petitiofler; vil The competent authority shall specify the permission period of one year for the petitioner to issue the passport for travelling abroad, and also obtain appropriate uadertaking from the pbtitioner stating that the petitioner shall not overstiy the permitted period and shall surrender the passport upon return to India. wii) Any other condition as deemed appropriate by the trial Court.

6. Agcordingly, the Writ Petition is disposed of. There shatl be no order as to costs. Miscellaleous petitions, if any, pending in this Writ petition, shall stand closed. NOTE:- That the words "release/return of passport" I-re added in place of expression of words "reissue of passport" in para 1, 5 (lll) & 5 (lV) of the order dt. 29J22025 in W.P.No.34812125 as per the orders of the Hon'ble Court dt. 06.02.2026 in l.A.No.1/26. This amended order shall substitute the earlier order which has already been dispatched on 21.01.2026. //TRUE COPY// SD/. C. DEEPIKA ASSISTANRT REGISTRAR SD/. C. DEEPIKA ASSISTANRT REGISTRAR /; SECTIOI(OFFICER To,

1. The Secretary, Ministry of External Affairs, South Block, New Delhi, Union of lndia-110011.

2. The Regional Passport Officer, Passport Office, Kummarguda, Secunderabad, Hyderabad - 500003.

3. The Additional Judicial First Class Magistrate, Narayanapet. 4. One CC to SRI PARAIVPALLY SHAMANTHAK HANDE, Advocate [OPUC] 5. One CC to SRI N.BHUJANGA RAO, DEPUry SOLICITOR GENERAL OF lNDlA, High Court for the State of Telangana at Hyderabad IOPUC]

6. Two CD Copies HIGH COURT DATED: 2911212025 0610212026 AMENDED ORDER WP.No.34812 of 2025 t ( * i I {ES T4 ' I ri:q 2026 z )ATC DISPOSING OF THE WRIT PETITION, WITHOUT COSTS g #