IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.37088 of 2025

18.12.2025 Between:

Sai Kishore Battu …Petitioner AND The Union of India, Represented by its Principal Secretary, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India & three others …Respondents

ORDER:

The Writ Petition is filed challenging the action of Respondent No.2 in not issuing the petitioner’s passport vide File No.HY1067268130925, dated 06.01.2025 on the ground of pendency of criminal case.

2. Heard Sri Srikanth Mudaliar, learned counsel for the petitioner, Smt B.Kavitha Yadav, learned Standing Counsel for Central Government, for respondent Nos.1 and 2 and learned Government Pleader for Home for respondent No.3. Perused the record.

3. Learned counsel for petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this Court in W.P.No.33649 of 2025, dated 06.11.2025.

4. Learned Standing Counsel for the respondents submits that criminal case is pending against the petitioner vide C.C.No.1471 of 2024 on the file of learned IX Additional Judicial Magistrate of First Class at Medchal. It is submitted that the respondent authorities would consider the petitioner’s application for a period of one year only, if he obtains permission to travel abroad from the court where the criminal case is pending against him.

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.24690 of 2025, dated 03.09.2025, and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent No.2 to issue the passport to the petitioner on the following conditions: i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.1471 of 2024, pending on the file of learned IX Additional Judicial Magistrate of First Class at Medchal – Malkajgiri., stating that he shall not leave India during pendency of the said C.C., without permission of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.C;

ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (2)

weeks therefrom;

iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer / Authority concerned for issuing the passport;

iv) On filing such an application, the Passport Officer/

Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for issuing the passport, in accordance with law, within three (03) weeks from the date of said application;

v) Respondent No.2 shall consider the Passport Rules, 1967 while considering the application for issuing of the passport to the petitioner;

vi) The competent authority shall specify the permission period of one year for the petitioner to issue the passport for travelling abroad, and also obtain appropriate undertaking from the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India.

vii) Any other condition as deemed appropriate by the trial Court.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

___________________________ NAGESH BHEEMAPAKA,J Date:18.12.2025 dgr