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 WRIT OF MANDAMUS declaring the action of the 2nd respondent in surrenderingthePassPorton30.05-2024(Fi|eNo.HY2075815322923)bearing Passport No.Y9645419, from the Petitioner' with a reason surrendering of PassportisduetoadverseinputreceivedfromthePolice.Thatisontheground of pendency of C.C. No.4601 of 2023 on the file of the Court of lV Addl' Metropolitan Magistrate-cum-lV AJCJ' LB Nagar' as illegal' arbitrary and u nconstitutional and consequently direct the 2nd respondent to release the petitioner's passport which is kept in his custody to the petit tner and permit the Petitioner to travel abroad for his business purposes, includ r g his proposed visit to China from 01-01-2026 to 15-01-2026. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the ,r -cumstances stated in the affidavit filed in suppo( of the petition, the High Cour may be pleased to direct the 2nd respondent to release the petitioner's passpo 1 which is kept in his custody to the petitioner permit the Petitioner to travel abr: td for his business purposes, including his proposed visit to China from 0't -01-l 026 to 15-01-2026, pending disposal of the writ petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the ( i cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to release the petitioner's passport bearing -r m the petitioner on No.Y9645419 which is surrendered by the 2nd Respondent f 30-05-2024, vide (File No. HY2075815322923) pending di,; rosat of the above Writ Petition. Counsel for the Petitioner: SRI MUNUGA SATEESH Counsel for the Respondent No.1 & 2: SRI B.JITHENDER, CENTRAL GOVT. COT NSEL Counsel forthe Respondent No.3: GP FOR HOME The Court made the following: ORDER o IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOIIRABLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION I{o.37368 OF 2O2S Dated: 30-12.2o25 Between: Naveen Kumar Goud Union of Incli:r & threc othcrs AND ...Petitioner ...Respondents ORDER: The case of peLitioner is that FIR No. 1032 of 2023 was registered against him for the offences under Sections 323, 5O4, 506 IPC. at Chailanyhapuri Police Slation which was numbered as CC No. 4601 ol 2023 on the hle of the IV Additional Metropolitan Magistrate-cum-IV AJCJ at LB Nagar and the same is pcnding fcrr examination. According to petitioner, the said case was filed to wreck political vengeance against his father u,ho is Ex-Corporator and without conducting 2

1.1. Petitioner states that his passport witt booklet No. Y9645419 was surrendered on 30.05.2O24 at Pa; ;port Olfice RPO, Hyderabad due to adverse inputs received Iro:r the police. He states that on O1.12.2025, YIWUZHC)ll JT]AOCANG TRADING FIRM, China sent a letter to Visa Officc lmbassy of the People's Republic of China, New Delhi invilittg I im to visit China for business development from 01.01.2O26 to t5.o1.2026 and they have also requested thc Embassy to iss L : pe titioner the necessary Visa for single enlry. I .2. According to pctitioner, releasc o[ rassport is essential for enabling him travel abroad for legitim: tc business purposes; the process of obtaining VISA requircs niLiation al least one month in advance of the scheduled trav rl clate and therefore, the original passport is rcquircd to I t submitted before the Visa Authority concerned wcl1 in time tcr ,cc-'ure Visa. He emphasizes that his righ t to travel abrozrt , cirnnot be curlailed meiely on the ground of pending criminal 1 rocer:dings.

2. Sri Munuga Sateesh, learned counsel il r petitioner in support of his case relied on the judgments ol tr. lhe Hon'ble Supreme Court in Sumit Mehta v. Staet of NC1 of Delhil, Manaka Gandhi a. Union o;f India2, Satish Chor d.ra Verma ' lzor:1 ts scc szo t 1rszel r scc z+a a. U,niort of India3 and Songepu Srauan Kumar o. Un'iorr ol Indiaa and submits that right to travel abroad is an important basic human right and pendency o[ a criminal case cannot be a ground to refuse issuance of passport or to deny renewal of passport.

3. Iieard learned Government Pleader for Home on behatf of Respondent No.3, learncd Standing Counsel Sri B. Jithender on behalf of Respondents 1 and 2.

4. Consic.lcring thc peculrzrr cilcumstartces narrated in the afhdavit, this Courl" without discussing the merits or otherwise of the matter, inclincs to direct petitioner to hle Application before the Court conccrned for release of passport. At this stage, learned Standinpi Counsel opposes the same and submits that this Wri[ Pctition bc clisposed of in terms of the conditions stipulated in the order passed by the Coordinate Benclr of this Court in Writ Petition No. 35056 of 2023 dated o2.ot.2024. 5. However, in vicw of thc letter dated 01.12.2025 sent by YIWUZHONGBAOCANG TRADING FIRM, China to the Visa Officer, Embassy of the People's Republic of china, New Delhi, inviting petitioner to participal-e in Business Development programme scheduled to be conductcd from 0I.0I.2026 to I 2019 SCC On line SC 2048 o w.P. No. 30855 of zo24 I I 4

15.O1.2026, this Court directs petitioner to file arr Appiication before the Court concerned on 31.I2.2O25 itself : ong t,itl-r a copy of this order, setting out lhe reasons for r,r tirsr. o[ the passport srrrrendcred bcfore the Passporl () li(.c, RPa), Hyderabad on 30.O5.2024, for thc specific tempora- pcnocl. C)n such Application, the learned Magistratc is clircctr., to tlispose of the same on the same day itself, in accordan<;r: r ith law and issuc a certil-ied copy of the samc. Petitioner sh:rll Irrrrrish tlrc said copy bcfore thc RPO who shall release tl]e ) tssl)ort. ()n returning to India, it is needless to say, pr:ti ioncr sherll surrcnder tl're passport beforc the Passport I iflr-t.. RP( ), Hyderabad.

6. COStS.

7. 'l'he Writ Petition is accordinglv, dis r rs<:cl of. No Consequently, the misccllaneous ,Apl [it::r trons, il' any shall sta nd closed. //rRUE coPY// SD/. S.t\I \LLIKARJUNA RAO ASS;I ;TANT BrcISTRAR sEcrSN oFFtcER To, of lndia. Kummargluda, Secunderabad' t. The lV Additional Metropolitan Magistrate-cum-lv AJ': J at LB Nagar". i. iil; b;;Gw to eou"ffi";t, r"ti"ist|.v of External Aff a rs' New Delhi' Union 3. The Reqional Passport Officer, Hyderabad' D f\( 8-2-215 lo 219' 4. The Principal Secretary:-de*partment of Home' TS St cretariat' Hyderabad' s. 6'i"-ct io Sni vtjNucA SATEESH, Advocate [oPUC ] 6' 5nE dd i; 5Hi e.iirHENDER, cenrn4r Gow .cotJ JSEL IoPUC] ;. i;a-c;t" cF ron'ir-o-H'rE, nigh coutt for the S ate of relangana at B. Two CD CoPies State of Telangana. Hyderabad [OUT] BSR . ar; HIGH COURT DATED:3011212025 CC TODAY ORDER WP.No.37368 of 2025 >' lr; .1 /i;-,' i. ;. li,.t li ')il i-L r\-_ \\ it\':i1 \rl/r , , \---- a'-_, .S.r \- \ \ r,rtt )$ :':-- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS