THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.32778 OF 2025

ORDER:

This Writ petition is filed declaring the action of Respondent No.2 in issuing the letter dated 09.10.2025 bearing No.HYD/30/POL/PIC/1192/2025 as arbitrary illegal and colourable exercise and misuse of powers contemplated under passport Act and also violative of Article 21 of the Constitution of India and consequently set-aside letter dated 09.10.2025 issued by the Respondent No 2.

2. Heard Mr.A.P.Reddy, learned counsel for petitioner and Sri K.Arvind Kumar, learned Standing Counsel for Central Government for respondent No.1. Perused the record.

3. Learned counsel for petitioner submits that petitioner was issued a passport under File No.HY4075463631025. On 02.09.2025, he received a communication from the 1^st respondent seeking clarification regarding the pending criminal case, to which he submitted a detailed reply the same day, stating that the case is false and that no conviction has been recorded. Thereafter, by letter dated 09.10.2025, respondent No.1 alleged suppression of material facts and directed him to surrender his passport under Section 10(3)(b) of the Passport Act, 1967. Due to the unfortunate demise of his father, petitioner could not appear on 23.10.2025 as required in the impugned notice, but he duly informed the respondent through a written communication dated

22.10.2025 explaining the unavoidable circumstances.

4. Learned Standing Counsel for the Central Government for respondent No.1 submits that the petitioner suppressed the fact of pendency of criminal proceedings in the relevant column of the application form, which constitutes an offence under Section 12(1)(b) of the Passports Act, 1967 and attracts action under Section 10(3)(b). The pendency of criminal proceedings also attracts Section 10(3)(e) of the Passports Act, 1967. It is further stated that the Regional Passport Office, Hyderabad, vide letter dated 09.10.2025, directed the petitioner to surrender his passport within 15 days, failing which action under the Passports Act, 1967 would be initiated without further notice.

5. Learned counsel for the petitioner further submitted that petitioner is ready and willing to deposit his original passport before the learned Trial Court in connection with Crime No.396 of 2022 of Narsing Police Station, registered for the alleged offences under Sections 3 and 4 of the Telangana Gaming Act. He further submits that, until the said crime is quashed, he is acquitted, or the proceedings are finally concluded, the petitioner will obtain prior permission of the learned Trial Court for any proposed foreign travel.

6. In view of the above submissions, the writ petition is disposed of with a direction that the petitioner shall deposit his original passport before the learned Trial Court in connection with Crime No.396 of 2022. However, whenever the petitioner intends to travel abroad, he is at liberty to file an application before the learned Magistrate seeking permission, and it shall be for the learned Magistrate to consider the same in accordance with law.

There shall be no order as to costs.

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

___________________________ NAGESH BHEEMAPAKA,J Date:25.11.2025 dgr