THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR Writ Petition No.9962 of 2025

ORDER

Questioning the action of the respondent No.2, Regional Passport Officer, in rejecting the petitioner’s passport application vide proceedings HY3067180904724 dated 06.01.2025 as illegal and arbitrary and without jurisdiction and to consequently direct respondents to forthwith issue the passport to the petitioner made vide File No.HY3067180904724 dated 06.12.2024 for a period of 10 years under Section 10 of Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the criminal proceedings pending against the petitioner in C.C.No.309 of 2016 through Cr.No.325/2012 on the file of Hon’ble Principal Junior Civil Judge – cum – Metropolitan Magistrate, Ranga Reddy District, Cyberabad and in Cr.No.39 of 2024 on the file of RGIA Police Station, the present writ petition is filed.

2. It is the case of the petitioner that petitioner has filed application for passport vide File No.HY3067180904724 on 05.12.2024. In the said application petitioner has mentioned all the details of pending cases against him. The said application was pending before respondent No.2 and accordingly on 06.12.2024 petitioner approached respondent No.2 and it is informed to the petitioner that his application was pending and passport cannot be issued till the finalization of the criminal proceedings.

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 Junior Civil Judge – cum – Metropolitan Magistrate, Ranga Reddy District, Cyberabad, in Cr.No.325 of 2012 and before RGIA Police Station in Cr.No.39 of 2024 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 issuance 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 to the pendency of the criminal proceedings before the Trial Court.

(vi) The petitioner shall deposit the original passport before the Principal Junior Civil Judge – cum – Metropolitan Magistrate, Ranga Reddy District, Cyberabad, in Cr.No.325 of 2012 after issuance of the passport.

(vii) The petitioner shall be at liberty to file an application before the Principal Junior Civil Judge – cum – Metropolitan Magistrate, Ranga Reddy District, Cyberabad, seeking permission to travel outside India. The Principal Junior Civil Judge – cum – Metropolitan Magistrate, Ranga Reddy District, Cyberabad, shall consider the same in accordance with law.

7. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

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