Nory Suresh v. The State of Telangana

Petition under Atticle 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 or order or direction more particularly one in the nature Writ of Mandamus declaring the action of respondents No. 2 & 3 in not re-issue and renewal of the Passport bearing No. M6311867 of the petitioner on receipt of the fees to the respondent herein is:illegal, arbitrary and unconstitutional and consequently direct the respondents No. 2 & 3 to renewal / re-issue the passport bearing No. M631 1867 of the petitioner. 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 respondents No. 2 & 3 to renewal / re-issue the passport bearing No. M6311867 of the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: SRI B. MAOHU SUOneru RAO ,/ Counsel forthe Respondent No.1 & 4: Gp FOR HOME Counsel for the Respondent No.2 & 3: SRI N. BHUJANGA F/ O, DY. SOLICITOR GEtl :RAL OF tNDtA Counsel for the Respondent No.5: - - - - The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRIJUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.35578 ot 2025 Dated:17 .12.2025 Between: Nory Suresh, S/o.Nory Diwakar, R/o.Hyderabad. AND The State of Telangana rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad & 4 others. ...Petitioner ...Respondents ORDER 1. This Writ Petition is filed declaring the action of respondent Nos.2 & 3 in refusing to renew the petitioner's Passport bearing No.M6311867 as illegal and arbitrary and consequently direct the respondent Nos.2 & 3 to renew the petitioner's Passport bearing No M6311867

2. Heard Sri B.Madhusudhan Rao, learned counsel for the petitioner, Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia representing respondent No.2, learned Government Pleader for Home representing, respondent Nos..t & 4 and le:rr red Standing Counsel for respondent No.3. perused the record. 3 Learned counsel for the petitioner subm t; that mere arraignment of the petitioner ,n a criminal case cann I be a ground for denial of passport. He relies on the judgment c f this Court in W.P.No 24690 of 2025, dated 03 09.2025.

4. Learned Standing counser for centrar Gover. nent submits that a crime was registered against the petitioner vide )rime No.205 of 2025, on the file of t\/ahe_hwaram police Station egistered for the offences punishable under Section s 447, 427,502 lnd 506 read with 34 of IPC and the same was numbered as C.C.l.L .419 of 2024 which is pending on the file of the learned Junior Ci,r Judge-cum_ XVll Additional Judicial ,lMagistrate of First Class, Ir4 rheshwaram, Ranga Reddy District, and therefore, refusal to issue pz ssport as per the Passport Rules cannot be said to be illegal.

5. Be that as it may, considering the judgment of il- : Coordinate Bench of this Court in W.p.No.350 56 of 2023, dated 0 2 01 .2024 and the purpose for which the passport is being requ( sted by the petitioner, this Corrrt directs respondent Nos.2 & 3 o issue the passport to the petitioner on the following conditions: I, ,,' l i I 3 i) The petitioner herein shall submit an undeftaking along with an affidavit in C.C.No 419 of 2024 which is pending on the file of the learned Junior Civil Judge-cum-XVll Additional Judicial Magistrate of First Class, Maheshwaram, Ranga Reddy District, stating that he shall not leave lndia during pendency of the sald C.C without permission of the Couft and that he shall cooperate with trial Court in concluding the proceedings in the sard C. C. ii) On filing such an undeftaking as well as affidavit, the Trial Courl shall lssue a ceilified copy of the same within two (2) weeks there from, iii) The petitioner herein shall submit an application afresh along with ceftified copy of this order as well as the aforesaid undeftaking before the Passporl Officer/ Authority concerned for issuance of passport; iv) On filing such an application, the Passporl Officer/ Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undeftaking given by the petitioner for lssuance of passporT, in accordance with law, within three (03) weeks from the date of said application; v) On issuance of the passport, the petitioner herein shall deposit the same before the Trial Court in C.C.No.419 of 2024; l ( vi) However, liberty is granted to the petitioner tt rein to file an application before the learned lvlagistr at , seeklng permission to travel abroad and it is for lt: learned lt/lagistrate to consider the same in accordance r r h law. 6 Accordingly, the Writ petition is disposed of. Tlr rre shall be no order as to costs 7 Miscellaneous petitions, if any, pending in th ! Writ petition, shall stand closed S I .P.PONNA KRISHNA ASS STANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretarv. Home Depa(ment, the State ol Telangana, Secretariat. Hvderabari fhe Secretary, The Union of lndia, NIinistry of Extern::t / Ffairs, New Delhi The Passport officer. The negionir F"iiplrrt Orttil,'ij i o' s_z_zrs to zrs, Kummariguda, Secunderabadl Inspector of Police, Maheshwaram police Station, Rac I konda Commissionerate. One CC to SRI B. MADHU SqDtAry RAO, Advocate [1] )UCl Two CCs to Gp FOR Horr/r High Court i,ji tii""S"tli" i ;i T'erangana [OUTI g^Le cq to sRr N. BHUJANGA riAo,-oV. scjiic-rib"n t rilrnnL oF tNDrA loPUCl Two CD Copies BN 2 3 4 6 7 8 b. HIGH COURT DATED:1711212025 ORDER WP.No.35578 of 2025 --:-'t : "'-'- 2 2 tii 295 + J /, o lr{ ') t V 'rr -)'' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 \'),'