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 wRlr oF MANDAMUS against the 2nd respondent in refusing passport services to the petitioner vide its order dated.12 t11t2o24, in his passport application No. HY806678237724 on account of pendency of a Case in Cr. No. 311t2O15,|)ls. 9_ B of Explosives Act of Narsampet rown, ps, which is pending for trial vide cc.No. 69012017 on the fire of the Hon'ble principle junior civil Judge cum Principal JFCM court Narsampet, warangal District as the same is illegal arbitrary and violatives of Article 14, 19and 21 of the constitution of lndia and the against the principles of natural justice and consequenfly set aside the order dated.12-1 1 -2024, issued in respect of the passport application HY806678237724 and direct the Respondent No.2 to issue fresh passport to the petitioner for a period of 1 0 years. =-v i.A.NO:1 OF 2024 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 suspend the order dated: 12-11-2024, issued by the 2nd respondent in my passport application HY806678237724 and issue fresh passport to the petitioner in respect of his passport application No. HY806678237724, dated 27-09-2024. Counsel for the Petitioner : SRI ARIGELA MAHESH Counsel for the Respondents : SRI ANGOTHU NEHRU (SC FOR CENTRAL GOVT) The Court made the following ORDER THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO WRIT PETITION No.36089 0F 20.24 ORDER: This writ petition is hled seeking the following relief: *... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus against the 2nd respondent in refusing passport services to the petitioner vide its order d.ated t2lttJZOZ+ in his passport application No.Hy8O6678237224 on account of pendency of a Case in Cr.No.311/2OlS U/s 9_B of Explosives Act of Narsampet Town, pS, which is pending for trial vide CC.No.69O|2O1T on the hle of the Honble Principle junior civil Judge cum principal JFCM Court Narsampet, Warangal District as the same is illegal arbitrary and violatives of Article 14 19and 2 1 of the constitution of India and the against the principles of natural justice and consequently set aside the order dated 12111/2024 issued in respect of the passport application HY 80667 a23Z Z 24 and, direct the Respondent N^o,2- to issue fresh passport to the petitioner for a period of 10 years...'

2. Heard Sri A. Mahesh, learned counsel for the petitioner and Sri Angothu Nehru, learned Standing Counsel for respondents

3. Learned counsel for the petitioner submits that respondent No.2 is not considering the application bearing No.HY8066978237724, dated 27.O9.2O24 submitted by the petitioner for issuance of fresh passport on the alleged ground that he involved in Crime No.311 of 2015 on the file of Narsampet Police Station, Warangal District. Learned counsel 2 submits that the Investigating Authorities after conducting investigation filed charge sheet. The same \ ras t.rumbered as C.C.No.690 of 2Ol7 on the file of the Judicial First Class Magistrate at Narsampet. Mere pendency of the criminal case is not a grourld for rejection of the application submitted by the petitioner. Learned counsel further submits that in similar circumstances, this Court disposed of the writ petition vide W.P.No.10462 of 2023 on 18.04.2023 with certair-r conditions. With the very saine conditions, respondent No.2 may be directed to consider the application submitted by the petrtioner.

4. Learned counsel for respondent No.2 submits that respondent No.2 will consider the application submitted by the petitioner r n terms of the order passed by this Court on

18.O4.2023 in W.P.No.10462 of 2023

5. In vieu, 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.HY806t1978237724, dated 27.Oc-t.2024 submitted by the petitioner for issuance of the passport u,ith the following conditions: I I 3 i) The petitioner herein shall submit an undertaking along with al affidavit in C.C.No.69O of 2Ol7 on the file of the Judicial First Class Magistrate at Narsampet, stating that he shall not leave India during pendency of the said C.C. without permission of the Court and that he shall co- operate with trial Court in concluding the proceedings in the said C.C.; ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (O2) weeks therefrom; iii) The petitioner herein shall submit certified copy of this order as well as the aforesaid undertaking before the Passport Ofhcer/ Authority concerned for issuance of passport; I { iv) The Passport Officer/Authority shall consider the said application in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for issuance of passport in accordance with law, within two (03) weeks 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 C.C.No.69O of 2017; artd 1 vi) FIowever, Iiberty is granted to the petitioner herein to file an application before the learr-red Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same irr ac,'ordance with lau,.

6. With the above observations, the Writ Petition is disposed of. No costs Miscellaneous petitions, if any, pend ing i n this writ petition shall stanci closed. There shall be order as to costs. //TRUE COPY// SD/. S. MALLIKARJUNA RAO ASSISTANT REGISTRAR SEJ,B N OFFICER Affairs, The Llnion of lndia, New Delhi'

1. The Judicial F:irst Class Magistrate at Narsampet 2. The Joint Secretary PSi;;; i;;di F"ttpott officer PSP Division' External - s. ih" R"gi""al Passport o#ice, Hyderabad' D No' 8-2-2151o219' - 4. A;;'ce-t" sntnntcem MAHESH, Advocate [oPUCl ; il; cc i" snr ANGoTHU Nirinu'tsc FoR cENTRAL Gow) Advocate 6. Two CD CoPies fummaiuOa, Secunderabad-SOO 003' T G' loPUCl \ To SA e t C.C, TODAY '3E l(- 31 iiiii 2[{ a -)) o (j 1 * l). - -! HIGH COURT DATED:3010112025 ORDER WP.No.36089 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. 0 #