THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.12314 of 2025

ORDER

The present writ petition is filed to declare the action of respondent No.2 by directing the petitioner to submit the permission of the Court concerned to depart from India in terms of GSR 570(E) or acquittal order for further processing of application under letter Ref.No.OBJ/1049034110/25 dated 29.03.2025 as illegal and arbitrary and consequently direct respondent No.2 to reissue the passport under File No.HYC074905435722 dated 26.12.2022 for a period of 10 years without reference to the criminal proceedings pending against the petitioner in C.C.No.592/2021 at JFCM Miryalaguda, Nalgonda and also the Gazette Notification dated 25.08.1993.

2. It is the case of the petitioner that petitioner was holding a passport bearing No.G1885072 and the same got expired on 23.01.2017. As such petitioner has made an application for reissuance of passport to respondent No.2 on 26.12.2022. After police verification, respondent No.2 addressed a letter to petitioner stating that a case in C.C.No.592/2021 is pending before Judicial First Class Magistrate, Miryalguda, Nalgonda District as such the application of the petitioner is rejected. Thereafter, petitioner filed W.P.No.7501 of 2025 before this Court and this Court disposed of the same directing petitioner to submit explanation to the rejection letter issued by respondent No.2 and also directed respondent authorities to pass appropriate orders after considering the explanation. Petitioner has submitted a letter of explanation on 20.03.2025, considering the same respondent No.2 has passed the present impugned order by rejecting the application of the petitioner and advised to submit permission of the Court concerned to depart from India. Challenging the same, the present writ petition is filed.

3. Today when the matter is taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has disposed of W.P.No.34165 of 2024 dated 05.12.2024 by imposing certain conditions.

4. Learned counsel for the petitioner pray this Court to pass similar order.

5. Ms.N.V.R.Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen Kumar, Dy.Solicitor General of India appearing on behalf of respondents reported no objection in passing similar orders.

6. Having considered the submissions made by the learned counsel on either side and with their consent, this writ petition is disposed of with the following conditions:

(i) The petitioner shall submit an undertaking along with an affidavit before the JFCM, Miryalaguda, Nalgonda, in C.C.No.592 of 2021, stating that the petitioner will not leave India during pendency of the said C.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Court shall issue a certified copy of the undertaking along with an affidavit within Two (2) weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for renewal of passport.

(iv) The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard.

(v) The Passport authority is directed to renew the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court.

(vi) The petitioner shall deposit the original passport before the JFCM, Miryalaguda, Nalgonda, in C.C. No.592 of 2021, after renewal of the passport.

(vii) The petitioner shall be at liberty to file an application before the JFCM, Miryalaguda, Nalgonda, in C.C. No.592 of 2021, seeking permission to travel outside India. The JFCM, Miryalaguda,