THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.26588 of 2025

ORDER:

This Writ Petition is filed seeking issuance of an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, challenging the action of respondent No.1 in passing the impugned order vide No.HYD/30/POL/PIC/ 994/2024, dated 03.06.2025, whereby the petitioner’s passport No. Y4955490 was impounded on the ground of pending police verification and pendency of criminal cases. The said action is highly illegal, arbitrary, unconstitutional, violative of the principles of natural justice, and in violation of Articles 14 and 21 of the Constitution of India. The petitioner further seeks a consequential direction to respondent No.1 to consider the representation dated 29.05.2025, submitted by the petitioner, and to release the passport from impounding status, without reference to the pendency of criminal cases.

2. Heard Sri B. Srikanth, learned counsel for the petitioner; Smt. NVR Rajyalakshmi, learned Standing Counsel for Central Government, for respondent No.1 and learned Government Pleader for Home, for respondent No.2.

3. Though notice was served on respondent No.3, none appeared on behalf of respondent No.3.

4. Learned counsel for the petitioner submitted that the issue raised in this writ petition is no longer res integra in view of the order, dated 14.03.2024 passed by this Court in W.P.No.2802 of 2024, wherein this Court, relying upon the guidelines issued by the Hon’ble Apex Court as well as this Court in various judgments, where the passports are pending on the ground of registration of criminal cases, held that pendency of criminal cases is not a ground to refuse the passport.

5. Learned Standing Counsel for Central Government and learned Government Pleader for Home, have not disputed the said fact and stated that the present case is covered by the orders passed by this Court in W.P.No.2802 of 2024.

6. In view of the aforesaid submissions, this Court deems it appropriate to dispose of the Writ Petition in terms of the order passed by this Court in W.P.No.2802 of 2024, dated 14.03.2024 and the respondents are directed to consider the petitioner’s representation dated 29.05.2025 by following the procedure contemplated under Section 6 (2) (f) of the Passports Act, 1967 and the Rules made thereunder, subject to the following conditions:-

1. The petitioner shall submit an undertaking, along with an affidavit in Crime No.61 of 2022, dated 23.01.2022 of Saroornagar Police Station, stating that he will not leave India during pendency of the said case without permission of the X Additional Junior Civil Judge-cum-XXX Metropolitan Magistrate, Cyberabad at L.B.Nagar at Hasthinapuram and that he will cooperate with the said Court in concluding the proceedings in the said case.

2. On filing of such an undertaking as well as affidavit, the said Court shall issue a certified copy of the same to the petitioner within a period of two (02) weeks therefrom.

3. The petitioner shall submit certified copy of the aforesaid undertaking before the Passport Officer for issuance of his passport and the Passport Officer shall re-consider the representation, dated 29.05.2025 submitted by the petitioner for releasing the passport from impounding status without reference to the pendency of Criminal Case, in accordance with law, within two (02) weeks from the date of submission of such undertaking.

4. If the passport of the petitioner is not deposited before the Court, the petitioner shall deposit the same before the said Court. However, liberty is granted to the petitioner to file an application before the said Court seeking permission to travel abroad and it is for the said Court to consider the same in accordance with law.

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

Miscellaneous applications, if any pending, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Date: 23.09.2025 myk