The High Court · 2025

3. Smt. Mehraj Begum, Wo Mir Asif Attar Ali Khan, Age. 33 years, Occ. House wife R/o H.No.4-11-59, M.M Pahadi, Rajendranagar, Hyderabad. . ...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 to issue a Writ; Order, or Direction, more particularly one in nature of Writ of MANDAMUS declaring the action of the Respondents No.2 in refusing to issue passport vide Lr.No.HY3075686240925, dated 11-11-2025 in pursuance of application file No.HY3075686240925, dated 24-9-2025 by endorsing as Passport Cancelled on The ground of pending Criminal proceedings against me in CC.No.1996 of 2023 uts 498 A, 494 of IPC on the file of the Hon'ble PJCJ Cum Xl Addl. Judicial Magistrate of First Class Court, Ranga Reddy at Rajendranagar and insisting for court order for processing as bad in law and violation of Article 14, 19 21 of Constitution of lndia and set aside the same and consequently direct the Respondent No.2 to reissue the passport to the Petitioner vide Application No. HY307568 6240925 dated 24-9-2025. .;:ii:a:t. i lA 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 l.lo.2 to reissue the passport to the Petitioner by adding spouse name as Asma Fatima vide Application No. HY3075686240925 dated 24-9-2025. Counsel for the Petitioners: SRI KRISHNA SWAMY RELA Counsel for the Respondent Nos.1 & 2: SRI N.BHUJANGA RAO, Deputy counset for the Respondent No.3: -- The Court made the following: ORDER solicitor General of lndia lP:,ry .to THE HON'BLE SRI NAGESH WRIT ON No.35296 oF 2025 ORDER: , The writ Petition is filed challenging the inaction of Respondent No.2 in refusing to issue the petitioner's passport uide File No.HY307568624o925, dated 24.o9.2o2s, on the ground of pending criminal proceedings in c.c.No.1996 of 2023 under section 498-A, 494 of IPC on the file of the learned PJCJ cum XI Additional Judicial Magistrate of First Class Court, Ranga Reddy at Rajendranagar.

2. Heard Sri Rela Krishna Swamy, learned counsel for petitioner, smt N.v.R.Rajya Lakshmi, iearned Standing counsel for central Government representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India for respondent No.1. perused the record.

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.O9.2025. \ a.i l NBK.J wP l_i295 2025

4. Learned Standing Counsel for Central Government, submits that a criminal case uide C.C.No.1996 of 2023 under Section 4984, 4g4 of IPC on the fite of the learned PJCJ Cum XI Additional Judicial Magistrate of First class court, Ranga Reddy at Rajendranagar, is pr'.ndi:]g against the petitioner and therefore, refusal to issue passport as per 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 0f 2023, dated 02.o1.2024, and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent N<1.2 to renew the passport to the petitioner on the following conditions: i! The petitioner herein shall submit an undertaking along with an affidavit in c.c.No.1996 of 2023, pending on the file of the learned PJCJ Cum XI Additional Judicial Magistrate of First Class Court, Ranga Reddy at Rajendranagar,, stating that he shall aot 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 in the said C-C. iif On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (21 weeks therefrom; iii! The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer / Authority concerned for renewing the passport; ivf On filing such an application, the Passport Officer/ Authority shall consider the same afresh in the tight of the obsenrations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewing of the passport, in accordance with law, within three {03f weeks from the date of said application; vf Respondent No.2 shall consider Rule 12 of the Passport Rules, L967 while considering the aforesaid application for submitted by the petitioner; ------ ,/ \ . t'' J NBK,J wP 35296 2025 vi) On issuance of the passport, the petitioner herein shall deposit the same before the trial Court in C.C.No.L996 of 20.23 pending on the file of the learned PJC.., Cum XI Additionat Judicial Magistrate of First Class Court, Ranga Reddy at Rajendranagar, and vii) However, Iiberty is granted 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. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed SD/. P.PONNA KRISHNA ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY/ Theater-Kummarajuda, Secunderabad.

1. The Secretary, Union of lndia, Ministry 9f !{e.rnll,Affairs' ). r'h; R;a[ir;iF;;$;rt otiG', o r.ro 6-z-z 15 to 21e Adjacent to Prashanth 3. One CC to SRt kAjsuun swAMy RELA, Ad_vocate IqPUCI . 4. 611; CC to SRi N.BHUJANGA RAO, Deputy Solicitor General of 5. Two CD CoPies lndia Advocate [OPUC] I To # PSK. HIGH COURT DATED i2111112025 ORDER WP.No.35296 of 2025 n \ .." ? (] () t .*-*-.:,r*:il DISPOSING OF THE WRIT PETITION WITHOUT COSTS J (