HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.9228 of 2025

ORDER

Heard learned counsel for the petitioner and Sri Gadi Praveen Kumar, Deputy Solicitor General of India 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 as communicated in their letter vide HYD/30/POL/PIC/238/2023 dated 04/03/2025, confirming the impounding of the petitioner’s passport as per the letter dated 02.05.2024 vide IMP/317823439/24 bearing passport No.S6454951 as illegal, arbitrary, unjust, violative of principles of natural justice, violating provisions of Passports Act, 1967, violative of Articles 14 and 21 of constitution of India and set aside the same.”

3. Brief facts in this writ petition as stated are that petitioner got married to one Ms.Saipriya and later when some family disputes arose, petitioner’s wife on 10.01.2023, filed criminal case under Section 498A IPC, Sec 3 and 4 of DP Act, before the Police Station, Narsapur, against the petitioner, father-in- law, mother-in-law, sister-in-law and sister-in-law’s husband. It is submitted that the Police, without any proper investigation, included petitioner and his family member names in the charge sheet and later, the concerned Court had issued Non Bailable Warrants (NBWs). Subsequently, respondent No.2 issued show cause notice bearing No.SCN/317787621/24 dated 26.04.2024, and directed the petitioner to submit explanation as to why action should not be taken to impound the passport. Thereafter, the petitioner on 29.04.2024 submitted a detailed explanation. However, without considering the same, respondent No.2 issued another letter bearing No.IMP/317823439/24 dated

02.05.2024, stating the following:-

“As per Hon’ble Court of Junior Civil Judge cum Judicial Magistrate of First Class, Narsapur directions, it has been decided to impound the passport bearing Passport No.S6454951 issued on date 05-10-2018 under sections 10 (3) (e) & (h) of Passports Act, 1967.”

4. Challenging the same, petitioner along with his family members filed W.P.Nos.14370, 14387 and 14588 of 2024 and this Court vide common order dated 25.07.2024, passed the following order:-

“8. In view of the said submissions and since it is the case of the petitioners that respondent No.2 has issued impugned letters dated 02.05.2024, without considering their explanation, the impugned letters vide Nos.IMP/317823439/24, IMP/317823579/24 and IMP/317823623/24, dated 02.05.2024 are set aside and the respondents are directed to consider the explanation, dated 29.04.2024 submitted by the petitioners and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, respondent No.2 is directed not to take any coercive action on the passports of the petitioners.

9. With the above directions, all the writ petitions are allowed. There shall be no order as to costs.”

5. Learned counsel for the petitioner submits that the respondent No.2 issued letter bearing No.HYD/30/POL/PIC/238/2023 dated 04.03.2025, wherein it is stated that since there is no response from the petitioner on the show cause notice dated 26.04.2024, the petitioner’s passport is impounded by this office. Aggrieved by the same, this writ petition is filed.

6. Learned counsel for the petitioner submits that in the impugned letter dated 04.03.2025, the respondent No.2 failed to observe that the petitioner on 29.04.2024 had submitted a detailed explanation on show cause notice dated 26.04.2024 and without considering the same and the common order dated 25.07.2024 passed in W.P.Nos.14370, 14387 and 14588 of 2024, the respondent No.2 impounded the petitioner’s passport. Hence, pray this Court to set aside the impugned letter dated 04.03.2025.

7. Learned standing counsel appearing for respondents fairly subm