THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

This Writ Petition is filed praying this Court to declare the action of respondent No.2, Regional Passport Officer, in not considering the application No.HY1065040824923 submitted by the petitioner seeking for issuance of passport on the ground of pendency of a criminal cases as illegal and arbitrary.

2. It is the case of petitioner that on earlier occasion he filed W.P. No.16503 of 2024 questioning the action of the respondent No.2 in not considering the petitioner’s application seeking for issuance of passport on the ground of pendency of criminal cases and the said writ petition was disposed of by this Court on 28.06.2024 directing the petitioner to follow certain conditions imposed therein. Accordingly, the petitioner filed affidavit before the concerned Magistrate Court and later submitted the copies to the respondent No.2 and thereafter the respondent No.2 issued a letter of objection dated 28.09.2024 in connection with his passport application stating that apart from the Crime No.1886 of 2016 there are other two crimes vide Crime No.11 of 2016 and 1981 of 2017 of PS Rajendranagar are pending and requested to furnish the Court orders. Questioning the same, petitioner filed the present writ petition.

3. The learned counsel for the petitioner has drawn the attention of this Court to the passport application dated 06.02.2023 wherein the petitioner had already furnished the details of the pending cases vide C.C. Nos.596 of 2019, 1623 of 2019 and 2783 of 2020, which corresponds to Crime Nos.11 of 2016, 1886 of 2017 and 1981, respectively, of PS Rajendranagar, Cyberabad Commissionerate, Hyderabad.

4. On the other hand, Ms. N.V.R.Rajyalakshmi, the learned counsel representing Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for the respondents submits that the petitioner did not furnish Court orders with regard to other two criminal cases.

5. Eventually, both the learned counsel submitted to pass similar order passed in W.P. No.16503 of 2024 with respect to two other crimes vide Crime No.11 of 2016 and 1981 of 2017 of PS Rajendranagar.

6. On a perusal of the order dated 28.06.2024 passed in W.P. No.16503 of 2024 by this Court, it is to be noted that this Court had directed the petitioner to deposit his passport before the trial Court in C.C. No.1623 of 2019 (Crime No.1886 of 2017) on the file of Reddy.

7. Recording the submissions made by the learned counsel on either side, this writ petition is disposed of in terms of the W.P. No.16503 of 2024 dated 28.06.2024 subject to the following conditions.

1. The petitioner shall submit an undertaking, along with an affidavit in C.C. No.596 of 2019 and 2783 of 2020 on the file of the XI Additional Metropolitan Magistrate Court, Rajendra Nagar, Ranga Reddy 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 certified copy of the aforesaid undertaking before the Passport Officer for issuance of his passport and the Passport Officer shall consider the application No.HY1065040824923 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.1623 of 2019 on the file of the XI Additional Metropolitan Magistrate at Rajendra Nagar, Ranga Reddy.

5. The petitioner shall obtain a copy of the deposited certificate in C.C. No.1623 of 2019 on the file of the XI Additional and file the same in C.C. No.596 of 2019 and C.C. No.2783 of at Rajendra Nagar, Ranga Reddy, along with an undertaking that he will deposit the passport in