Lokesh Madhugani v. 74B South Block, New Delhi

. 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 of Mandamus or any other appropriate Writ or Writs Order or Direction declaring the action of 2nd Respondent is not re-issuing the passport of the Petitioner vide File No.HY1075892358025, dated 03-11-2025 as illegal arbitrary and without jurisdiction and to consequently direct the Respondents to forthwith re-issue the passport of the Petitioner by considering the File No.Hy1075g92358025 dated 03-11 -2025 under section 10 of Passports Act 1967 and under Rule 12 of Passport Rules, 1980 and as per the Gazette Notification issued by the central Government vide GSR No.570E, dated 25-8- 1993 without reference to the criminal proceedings pending against the petitioner in C.C. No.471 O of 2O24on the file of the lll Additional Junior Civil Judge cum ltl Addl. Judicial Metropolitan Magistrate at L.B. Nagar, Ranga Reddy District lA NO: 1OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affi,lavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 1 and 2 to re-issue the fresh passport to petitioner without ary objection, pending disposal of the above writ petition Counse! frrr the Petitioner: SRl. LINGALA SUDHEER Counsel frrr the Respondent Nos. 1&2: SRI N BHUJANGA RAO Deputy Solicitor Generat of lndia Counselfor the Respondent No.3:- The Court made the following: ORDER T IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA 5 Datedz 3O.L2.2O25 Between: Lokesh Madhugani AND The Government of India, Represented by it's Secretary, SO (DB), Ministry of External Affairs, New Delhi & 2 others Petitioner .Respondents ORDER: The Writ Petition is filed challenging the inaction of Respondent No.2 in not renewing the petitioner's passport utdeFiLe No.HY1075892358O25, dated 03.1L.2025, on the ground of pending criminal proceedings in C.C.No.331 of 2Ot9 on the file of the First Class Magistrate at Narsampet.

2. Heard Sri Lingala Sudheer, learned counsel for the petitioner; learned Standing Counsel for respondent Nos.1 and 2. Perused the record 7 t

3. Lealned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial rtf passport.

4. Lean'red. Standing Counsel for respondent Nos.1 & 2 submits that a crinrinal case uid.e C.C.No.331 of 2OL9 under Section 4g8-A IPC, Secticn 3 & 4 of Dowry Prohibition Act on the file of the First Class Magistrate at Narsampet, is pending against the petitioner and therefrrre refusal to issue passport as per Rules cannot be said to be illegal.

5. Be that as it ffi&y, considering the judgment of the coordinate Bench of this Court in W.P.No.35056 of 2023, dated 02.01.2024, and the pLtrpose for which the passport is being requested by the petitioner, this Court directs respondent No.2 to renew the passport of the petitioner on the following cond'itions: if The petitioner herein shall submit an undertaking along with an. allidavit in C.C.No. 331 of 2OL9, pending on the IiIe of the Filst Class Magistrate at Narsampet, stating that he shall not leave India during pendency of the said C.C., without permissio4 of the trial Court and that he shall cooperate with trial Court'in concluding the proceedings in the said C-C: iif On Iiling such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (21 weeks therefrom; iiil The petltioner herein shall submit an application afresh :rlong with certified copy of this order as well as the aforesaid undertaking before the Passport Officer / Authority concerned for renewal of passport; :iv) On fiting such an application, the Passpott Oflicer/ Authori'ly shall consider the same afresh in the light of the observatlions made by this Court herein as well as the contents of the untlertaking given by the petitioner for renewing of the t \ 3 passport' in accordance with law, within three (o3f weeks from the date of said application; v| Respondent No.2 shall consider the passport Rules, 1967 while considering the aforesaid application submitted by the petitioner; vif On issuance of the passport, the petitioner herein shall deposit the same before the trial court in c.c.No.331 of 2o]-g, pending on the file of the First class Magistrate at Narsampet; vii) However, liberty 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 shalt be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. SD/.P.C. SULEKHA DEVI TOTE: !frq! ttre *C.C.No. 4710 ot 2024 onthe fite "t;::::::';T:::::: Junior Civil Judoe-cum'ttl Additional Judiciai rvr"tro'n"ritan Magistrate, Ranga Reddv District air-.a.Nig;r;' w;;;';.o-lgry menlionio-i1 p"1"graph Nos. 1,4,s(i) and S(vi) of the order dated 3o.12.2o2iin w.F.rrr". sTigo ot 2a2s and the same has been corrected and substituted as "c.c.No. sit or zotg on the file of the First.clals^ ^t!ggi9t1{e.at Nars^ampet" as-pli1r," oia"r" of the Hon,bre court dated 16.02.2026 in tA No. 1 of 2026. This amended order shatl substitute the earlier order which has already been dispatched on 19'01 '2026' sD/-p.c. DEV' ASSISTANT REGTSTRAR ',LEKHA //TRUE COPYII SECTION OFFICER To, Block, New Delhi t. Il'u Secretary, Govt. of tndia, Mi nistry of ExternalAffairs, SO(DB), 74 B South 2. The Regional Passport_officer, R.p..^URpo, At 73, Red cross Road, shivaji ^ Nagaf, Secunderadad, Telangina'SOO'0OS 9. 9ne CC to SRt. L|NGALA SUorierdAtvocate topucl 4. p-ne cc to sRt. N BHUJANGn nno oeprt S;di6rblnerarof rndia 5. Two CD Copies loPUcI BM BSw : ! -i+ : HIGH COURT DATEET:30/1 212025 16t02t2026 AMENDED ORDER WP.No.37396 of 2025 ATE ..ra \t'. !'.. , ?i!,*, 'Jit' ll* i{";) o ) t., rt{O \: ... DISPOSING OF THE WRIT PETITION WITHOT'T COSTS --#. :.-, c, .i

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