THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.25423 OF 2025

ORDER

This Writ Petition is filed by the petitioner seeking to declare

the action of respondent No.3 in not considering his application vide File No.HY2065102118425, dated 23.06.2025 for fresh

passport, as illegal and arbitrary.

2. Heard learned counsel for the petitioner, Sri K.L.N. Raghavendra Reddy, learned Central Government Standing

Counsel appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that the issue raised in this writ petition is squarely covered by the order of this in WP.No.2802 of 2024, dt.14.03.2024, wherein this Court relying upon the guidelines issued by the Hon’ble Apex Court as well as this Court in various judgments where issuance of passports are pending on the ground of registration of criminal cases, held that

pendency of criminal cases is not a ground to refuse passport.

4. Learned counsel further submits that following the said decision, recently, this Court passed orders in WP.No.23077 of 2025, dt.13.08.2025 directing the respondents to consider the application of the petitioner, subject to certain conditions as

mentioned therein.

5. Learned counsel for the petitioner further submits that since the petitioner’s son is in the abroad for studies as averred in the writ affidavit, the authorities may be directed to consider petitioner’s passport application for a limited period of one year.

6. On the above submission being made, learned Standing Counsel appearing for respondent Nos.1 to 3 does not dispute the aforesaid position of law and stated that the present case is covered by the aforementioned orders of this Court, and he has no objection if this Court were to direct the authorities for considering the petitioner’s passport application for a period of one year, subject to the conditions, as mentioned in WP.No.2802 of 2024 and WP.No.23077 of 2025.

7. In view of the aforesaid submissions, this Court deems it appropriate to dispose of the writ petition in terms of the orders in WP.No.2802 of 2024, dt.14.03.2024 and WP.No.23077 of 2025.

8. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner’s passport application vide File No.HY2065102118425, dated 23.06.2025, by following the procedure contemplated under Section 6(2)(f) of the Passports Act, 1967, and the Rules made there under, subject to the following conditions:

i. The petitioner shall submit undertaking along with an affidavit before the trial Court/jurisdictional Court in connection with Crime No.710 of 2022 of Hayathnagar P.S., registered as SC.No.454 of 2022 on the file of Metropolitan Sessions Court for Trail of SC/ST Cases- cum-VII Additional District and Sessions Judge, at L.B.Nagar, stating that he will not leave India during the pendency of the aforesaid case without permission of the concerned Court and that he will co-operate with the trial Court/Investigating Officer in concluding the proceedings/investigation in the said cases.

ii. O n filing of such undertakings as well as affidavits, the trial Court/jurisdictional Court shall issue a certified copy of the same to the petitioner within a period of two (02)

weeks there from.

iii. T he petitioner shall submit certified copy of the aforesaid undertaking before the Passport Officer for issuance of his passport and the Passport Officer shall consider the petitioner’s application vide File No.HY2065102118425, dated 23.06.2025 for issuance of passport for a period of one year, within a period of two (02) weeks from the date of submission of such undertaking, in accordance with law.

iv. On issuance of passport, the petitioner shall deposit the same before the trial Court/jurisdictional Court in SC.No.454 of 2022 on the file of Metropolitan Sessions Court for Trail of SC/ST Cases-cum-VII Additional District and Sessions Judge, at L.B.Nagar. However, liberty is granted to the petitioner to file application before the trial Court/jurisdictional Court in both the c