HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.11953 of 2025

ORDER

Heard learned counsel for the petitioner and Ms.N.V.R.Rajya Lakshmi, learned standing counsel appearing on behalf of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer:- “to declare the action of the 2nd respondent in refusing passport services to the Petitioner Application No.HY1077405580325 vide Letter Ref.No.HY1077405580325 dated 04.03.2025 on account of pendency of criminal cases and imposing condition that petitioners application to be reconsidered only if he obtain permission to travel abroad from the same Honourable Court where the criminal case is pending as illegal and arbitrary apart from being in violation of the rights of the Petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set aside the order dated 04.03.2025 in Application No.HY1077405580325 and direct the 2nd respondent to reissue passport to the Petitioner.”

3. Brief facts in this writ petition are that the petitioner’s marriage was solemnized on 11.05.2022 and thereafter some disputes arose between the petitioner and his wife and his wife filed C.C.No.973 of 2024 before VI Nagar and CC.No.1550 of 2024 before the V Additional Metropolitan 4. Learned counsel for the petitioner submits that the petitioner had lost his passport and the petitioner vide application No.HY1077405580325 dated

14.02.2025 had applied for re-issuance of passport. Thereafter, respondent No.2 issued letter vide reference No.HY1077405580325 dated 04.03.2025, wherein it is stated that as per the adverse police verification report, crime No.94 of 2024 is registered under Section 498-A IPC and Section 3 and 4 of Dowry Prohibition Act against the petitioner and directed the petitioner to obtain permission to travel abroad from the court where the criminal cases are pending.

5. Learned counsel for the petitioner submits that while dealing with the similar circumstances, this Court vide order dated 07.04.2025 had disposed of the W.P.No.10352 of 2025 with certain conditions and learned counsel for the petitioner further pray this Court to pass similar order as passed in W.P.No.10352 of 2025.

6. Learned Standing counsel appearing on behalf of respondent Nos.1 and 2 reported no objection in passing similar orders.

7. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioner and take steps for release of the passport in due compliance of the findings of the Hon’ble Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation1. The directions are as follows:

(i) The petitioner shall submit an undertaking along with an affidavit before the VI Additional Metropolitan Magistrate,

1 2020 Crl.L.J. (SC) 572

2024 and V Additional Metropolitan Magistrate, Medchal- stating that the petitioner will not leave India during pendency of the said C.C’s. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Courts shall issue a certified copy of the undertaking along with a certified copy of Affidavit filed in C.C.Nos.973 and 1550 of 2024 within Two (2) weeks from the date of filing of the same.

(iii) The petitioner shall submit the certified copies of the aforesaid undertakings and Affidavit along with the reply/explanation before the concerned Passport Officer for consideration of his application for issuance 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 issue the passport of the petitioner without raising the objection relating t