THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.31343 OF 2025

ORDER:

The Writ Petition is filed challenging the inaction of respondent No.2 in not issuing fresh passport to the petitioner in pursuant to his File No.HY7065388161225, dated 24.07.2025, on the ground of pending criminal proceedings in C.C.No.1161 of 2021 on the file of the Judicial Magistrate of First Class, Vemulawada, Rajanna Sircilla District.

2. Heard Sri Shaik Shareef, learned counsel for the petitioner; learned Standing Counsel for the Central Government, for respondent Nos.1 and 2 and learned Government Pleader for Home, for respondent Nos.3 and 4. Perused the record.

3. Learned counsel for the 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.2422 of 2024, dated 26.02.2024.

4. Learned Standing Counsel for respondent Nos.1 and 2 submits that criminal case vide C.C.No.1161 of 2021 on the file of the Judicial Magistrate of First Class, Vemulawada, Rajanna Sircilla District, is pending against the petitioner. 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 cases are pending against him.

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.35056 of 2023, dated 02.01.2024, and the purpose for which the passport is being requested by the petitioner, this Court directs respondent No.2 to issue fresh passport to the petitioner on the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.1161 of 2021, pending on the file of the Judicial Magistrate of First Class, Vemulawada, Rajanna Sircilla District, stating that he shall not leave India during pendency of the said C.C., without permission of the trial Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.C.

ii) 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;

iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer / 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 issuing the 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.

vi) 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.

vii) The competent authority shall specify the permission period of one year for the petitioner to retain the passport for travelling abroad, and also obtain appropriate undertaking from the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India.

viii) 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.

___________________________ NAGESH BHEEMAPAKA,J Date:19.11.2025 Myk