THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.27403 OF 2025

ORDER

This Writ Petition is filed aggrieved by the action of the respondents in not reissuing the passport to the petitioner pursuant to his passport application in File No.HY1077325420725, dt.03.01.2025, as being illegal, with a consequential direction to the respondents to reissue passport to the petitioner.

2. Heard learned counsel for the petitioner, Smt Thakur Roopa Singh, learned Central Government Standing Counsel appearing for respondent No.1, and Sri G.Bhasker Reddy, learned Standing Counsel appearing for respondent No.2.

3. Learned counsel for the petitioner submits that mere arraignment of the 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.35056 of 2023, dated 02.01.2024.

4. Learned Standing Counsel appearing for respondent No.2 submits that a criminal case vide CC.No.780 of 2022 on the file of the XIV Additional Judicial Magistrate of First Class, at Hayathnagar, is pending against the petitioner.

5. Considering the judgment of the Co-Ordinate Bench of this Court in W.P.No.35056 of 2023, dated 02.01.2024, this Court directs the respondent No.2 to consider the application filed by the petitioner for re-issuance of passport on the following conditions:-

i) The petitioner herein shall submit an undertaking along with an affidavit in CC.No.780 of 2022 on the file of the XIV Additional Judicial Magistrate of First Class, at Hayathnagar, 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 re-issuance of 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 issuance of passport, in accordance with law, within three (03) weeks from the date of said application;

v) Respondent No.2 shall consider Rule 12 of the Passport Rules, 1967 while considering the aforesaid application submitted by the petitioner;

vi) On issuance of the Passport, the petitioner herein shall deposit the same in CC.No.780 of 2022 on the file of the XIV Additional Judicial Magistrate of First Class, at Hayathnagar; and vii) Liberty is granted to the petitioner herein to file an application before the leaned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.

6. Accordingly, the writ petition is disposed of. No order as to costs Consequently, miscellaneous applications, pending if any, shall stand closed.

____________________________ NAGESH BHEEMAPAKA, J Dt.11.09.2025 gra