THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.10119 of 2025

ORDER

Questioning the action of the respondent Nos.2 and 3 in not renewing the passport of the petitioner pursuant to the application of the petitioner vide File No.HY2076147551524 on the ground that pending criminal proceedings against the petitioner as illegal, arbitrary and consequently direct respondent Nos.2 and 3 to process the application of petitioner for renewal of passport vide File No.HY2076147551524 by considering the representation of the petitioner, the present writ petition is filed.

2. Referring to the facts stated in the writ affidavit, the learned counsel for the petitioner would submit that basing on a false complaint lodged by defacto complainant a case in Cr.No.527/2021 for the offence under Section 307 read with 34 IPC was registered against the petitioner on the file of Principal District Judge, Ranga Reddy District. The Police conducted investigation and recorded the statements of all the witnesses and filed charge sheet and the same has been numbered as PRC No.122/2023, which is pending for adjudication. Thereafter, petitioner made an application on 29.01.2025 to the Regional Passport Office, Hyderabad i.e., respondent No.3 for issuance of passport, however, respondent No.3 has not recommended the application of the petitioner and sought for certain clarification vide letter dated 22.02.2025. Thereafter, petitioner filed Crl.M.P.No.36 of 2025 before the concerned Court seeking directions to the concerned authorities for renewal of passport but the same was rejected vide order dated 10.03.2025 by stating that renewal of passport is not within the jurisdiction of the said Court. Thereafter, on 22.03.2025, petitioner has addressed a letter to the Regional Passport Officer seeking for renewal of the passport without insisting on NOC from the Principal District Judge, Ranga Reddy District at L.B.Nagar where PRC No.122 of 2023 is pending adjudication.

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, Deputy 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 Principal Sessions Judge, Ranga Reddy District in Cr.No.36 of 2025 in PRC.No.122 of 2023 stating that the petitioner will not leave India during pendency of the said cases 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 Principal Sessions Judge, Ranga Reddy District after renewal of the passport.

(vii) The petitio