THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.33649 OF 2025

ORDER:

The Writ Petition is filed challenging the inaction of respondent No.2 in not renewing the petitioner’s passport vide File No.HY1077171876724, dated 02.12.2024, on the ground of pending criminal proceedings in C.C.No.1287 of 2017 on the file of the IV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad for the offences punishable under Sections 448, 506, 509, 427 r/w 34 I.P.C.

2. Heard Sri Ram Shanker Sharma, learned counsel for petitioner and learned Standing Counsel for the Central Government, for respondent Nos.1 and 2. 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 a criminal case vide C.C.No.1287 of 2017 under Sections 448, 506, 509, 427 r/w 34 I.P.C on the file of IV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, 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 case is 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 renew the passport of the petitioner on the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.1287 of 2017, pending on the file of the IV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, 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 renewing 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 renewing of the passport, in accordance with law, within three (03) weeks from the date of said application;

v) Respondent No.2 shall consider the Passport Rules, 1967 while considering the application for renewing of the passport to the petitioner;

vi) 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.

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.

___________________________ NAGESH BHEEMAPAKA,J Date:06.11.2025 Myk