The High Court · 2025

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 a writ of Mandamus, declaring the action of the 2nd Respondent in not issuing petitione/s passport bearing No. AE282496 pursuant to the application vide File number HY2075346085325 dated 17.O7.2025 on the ground of pendin{; accused in a criminal -c vide Crime No.1 19 of 2023, fot the offences punishable under Section 447, 427,504,506 IPC in which the police have already filed a charge sheet before learned trial Court has taken cognizance of the same and numbered it as C.C. No.309 of 2023, which is presently pending on the file of the Hon'ble Judicial First Class Magistrate, Nakrekala and which is pending for trial as illegal, arbitrary, unconstitutional, in violation of principles of natural justice, and contrary to the provisions of the Passports Act, 1967, and consequently direct the 2nd respondent to re-issue/renew the petitioner's passport bearing No. AE282496 by processing the application via File number HY2075346085325 dated 17.07.2025 without reference to the said criminal case. lA NO: I 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 2'd respondent to consider the petitione/s application vide File number HY2075346085325 dated 1710112025 for issuing of his passport bearing No. AE282496 without reference to criminal case vide Crime No.119 of 2O23, for the offences punishable under Section 447, 427, 504, 506 IPC in which the police have already filed a charge sheet before learned trial Court has taken cognizance of the same and numbered it as C.C. No.309 of 2023, which is presently pending on the file of the Hon'ble Judicial First Class Magistrate, Nakrekal pending disposal of the above writ petition. Counselfor the Petitioner: SR! GAIULA PREM KUMAR Counsel for the Respondents No.l & 2: SMT. N.V.R. RA.TYALAKSHMI, S.C. FOR CENTRAL GOVERNMENT a Counselfor the Respondent No.3: - The Court made the following: ORDER .6 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.3566a of 2025 L2.L2.2025 Between: Srikanth Kalluri Petitioner AND The Union of lndia, Represented by its Principal Secretary, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India & two clthers ORDER: ...Respondents 'l'he writ Petition is filed challenging the action of Respondent No.2 in not issuing the petitioner's passport uide File No.HY2075346085325, dated 17.o7,2025 on the ground of pendency of criminal case.

2. Heard sri G.Prem Kumar, learned counsel for the petitioner, Smt N.v.R.Rajyalakshmi, Iearned standing counsel for central Government for respondent Nos.I and 2. perused the record. \ 2 NBK,J wP 35668 2025

3. Learned counsel for 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.31316 of 2025, dated 27 .1O.2O25.

4. Learned Standing Counsel for the respondents submits that criminal case is pending against the petitioner uide C.C.No.3O9 of 2023 on the file of learned Judicial First Class Magistrate, Nakrekala. It is submitted that the respondent authorities would consider the petitioner's application for a period of one year only, if he obtains permission to travel abroad from the court where the criminal case is pending against him.

5. Be that as it ffi&y, considering the judgment of the coordinate Bench of this Court in W.P.No.31316 of 2025, dated 27.tO.2O25, .l and the purpose for which the p4.ssport.is being requested by the petitioner, this Court directs the respondent No.2 to re-issue the passport to the petitioner on the following conditions: i| The petitioner herein shall submit an undertaking along with an aflidavit in C.C.No.3O9 of 2023, pending on the file of learned Judiclal First Class Magistrate, Nakrekala., stating that he shall not 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; iil On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (2) weeks therefrom; iiil The petitioner herein shall submit an application ,Along with certified copy of this order as well as the afresh I (t 3 NBK,J wP 35668 2025 aforesaid undertaking before the Passport Oflicer / Authority concerned for issuing the passport; iv| On filing such an application, the Passport 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 undertaking given by the petitioner for reissulng the passport, in accordance with law, within three (O3) weeks from the date of said application; v) Respondent No.2 shall consider the Passport Rules, L967 while considering the application for issuing of the passport to the petitioner; vi) 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 undertaking from the petltioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India. vii! Any other condition as deemed appropriate by the trial Court.

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/.A.H.S. GOWRI SHANKAR ASSISTAN T REGI STRAR 6 SECTION OFFICER ,/TRUE COPY'/ To l.ThePrincipalsecretary,rr4illslryofExternal.Affairs,Unionoflndia,south Block, secretariJt]'ili;il'" Hiii' N'ew Delhi' lndia' B:fl #;fl S[.?3S:i3J3;"'f"?tSBSSS]f ,t\A"r'f 3. One QC to SRI GAJULA PREM KUMAR' Advocate [OPUCI 4.OneCCtoSMT'N'V'R'RAJYALAKSHMT'S'C'forCentralGovernment x""no'torricerDNos-2- toPucl

5. Two CD CoPies MP BS W r' HIGH COURT DATED "1211212025 1:is \ '. .1* .J 14 r.. r-- t o :) * X?8EC M .S tt. ',-j1'^ t' .i ,., ORDER -r',;t .,i/ .35668 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 10 w