THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA

ORDER:

This Writ Petition is filed being aggrieved by the action of respondent Nos.3 and 4 in not issuing passports to the petitioners by renewing their applications vide application Nos.HY75C50535733 and HY75C5053566122 dated 23.07.2022 on the ground of pendency of CC.No.3941 of 2021 for the offences under sections 498-A, 506 of Indian Penal Code (IPC) and sections 3 and 4 of Dowry Prohibition Act, 1961, which is pending before the II Additional Junior Civil Judge-cum-XIX Metropolitan Magistrate, Kukatpally, Hyderabad is illegal and arbitrary and consequently direct respondent Nos.3 and 4 to renew the passports of the petitioners without reference to the pending CC No.3941 of 2021.

2. Sri M.V. Hanumantha Rao, learned counsel for the petitioners 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. 3. Smt. B. Kavitha Yadav, learned Standing Counsel for Central Government, for respondent Nos.1 to 3 has 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.

4. 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 application Nos.HY75C50535733 and HY75C5053566122 dated 23.07.2022 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 petitioners shall submit an undertaking, along with an affidavit in C.C.No.3941 of 2021 on the file of the II Additional Junior Civil Judge-cum-XIX Metropolitan Magistrate, Kukatpally, Hyderabad stating that they will not leave India during pendency of the said case without permission of the Court and that they will cooperate with the trial Court in concluding the proceedings in the said case.

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

3. The petitioners shall submit certified copy of the aforesaid undertaking before the Passport Officer for issuance of their passports and the Passport Officer shall consider the application Nos.HY75C50535733 and HY75C5053566122 dated 23.07.2022 submitted by the petitioners in accordance with law, within two (02) weeks from the date of submission of such undertaking.

4. On issuance of passports, the petitioners shall deposit the same before the trial Court in C.C.No.3941 of 2021 on the file of the II Additional Junior Civil Judge-cum-XIX Metropolitan Magistrate, Kukatpally, Hyderabad. However, liberty is granted to the petitioners to file an application before the trial Court seeking permission to travel abroad and it is for the trial Court to consider the same in accordance with law.

5. 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: 13.08.2025 Note:

Issue C.C. today.

B/o. myk