THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24498 of 2025

ORDER:

This Writ Petition is filed to issue a writ, order, or direction, more particularly one in the nature of a writ of Mandamus, declaring the action of respondent No.2 in not re-issuing/ renewing the petitioner’s passport bearing No.Z6901912 pursuant to the application vide File No.HY1075405254925, dated 17.07.2025 on the ground that the petitioner is an accused in a criminal case vide Cr.No.201 of 2024 U/s. 318 (4) BNS and Section 63 of Copy Rights Act 1957, in which police filed charge sheet and the trial court has taken the cognizance of the same and has numbered CC No.1688 of 2024 and the same is pending on the file of Honble II Additional Metropolitan Magistrate at Malkajgiri, which is pending trial Hyderabad as illegal, arbitrary, unconstitutional, in violation of principles of natural justice, and contrary to the provisions of the Passports Act, 1967, and consequently direct respondent No.2 to re-issue/ renew the petitioner’s passport bearing No.Z6901912 by processing the application via File No.HY1075405254925, dated 17.07.2025, without reference to the said criminal case.

2. Sri G. Prem Kumar, learned counsel for the petitioner submitted that the issue raised in this writ petition is no longer res integra in view of the order, dated 14.03.2024 passed by this Court in W.P.No.2802 of 2024, wherein this Court, relying upon the guidelines issued by the Hon’ble Apex Court as well as this Court in various judgments, where the passports are pending on the ground of registration of criminal cases, held that pendency of criminal cases is not a ground to refuse the passport.

3. Sri K. Sanjeev, learned Standing Counsel for Central Government, for respondent Nos.1 and 2 has not disputed the said fact and stated that the present case is covered by the orders passed by this Court in W.P.No.2802 of 2024.

4. In view of the aforesaid submissions, this Court deems it appropriate to dispose of the writ petition in terms of the order passed by this Court in W.P.No.2802 of 2024, dated 14.03.2024 and the respondents are directed to consider the petitioner’s application No.HY1075405254925, dated 17.07.2025, by following the procedure contemplated under Section 6 (2) (f) of the Passports Act, 1967 and the Rules made thereunder, subject to the following conditions:-

1. The petitioner shall submit an undertaking, along with an affidavit in C.C.No.1688 of 2024 on the file of the II Additional Metropolitan Magistrate at Malkajgiri stating that he will not leave India during pendency of the said case without permission of the Court and that he will cooperate with the trial Court in concluding the proceedings in the said case.

2. On filing of such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same to the petitioner within a period of two (02) weeks therefrom.

3. The petitioner shall submit a certified copy of the aforesaid undertaking before the Passport Officer for issuance of his passport and the Passport Officer shall consider the application No.HY1075405254925, dated 17.07.2025, submitted by the petitioner in accordance with law, within two (02) weeks from the date of submission of such undertaking.

4. On issuance of passport, the petitioner shall deposit the same before the trial Court in C.C.No.1688 of 2024 on the file of the II Additional Metropolitan Magistrate at Malkajgiri. However, liberty is granted to the petitioner to file an application before the trial Court seeking permission to travel abroad and it is for the trial Court to consider the same in accordance with law.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Date: 11.09.2025 myk