THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

This writ petition is filed seeking to declare the action of the respondents in not issuing passport vide application reference HY9067326157125 dated 21.01.2025 on the ground of pending criminal case, as illegal and arbitrary and consequently to direct the respondents to issue passport to the petitioner.

2. It appears from the impugned order dated 23.06.2025, the petitioner made an application reference HY9067326157125 dated 21.01.2025 seeking for issuance of Passport and considering the same, the respondent No.2 has passed impugned refusal order dated 23.06.2025 wherein and whereby the petitioner was informed that in view of pending Criminal Proceedings vide Cr.No.964/2017 under Section 498A IPC Police Station at Madhapur and the office can reconsider the petitioner’s application, if the petitioner submits acquittal orders or obtain permission to travel abroad from the same Court where the criminal proceedings are still pending.

3. Learned counsel for the petitioner would submit that this Court, taking into consideration the principle laid down by the Hon’ble Supreme Court in Vangala Kasturi Rangacharyulu Vs. Central Bureau of Investigation, 2020 Crl.L.J. (SC) 572, disposed of several writ petitions with certain conditions and sought to pass similar order.

4. On the other hand, the learned Standing Counsel appearing for the respondents does not dispute the same.

5. Having considered the submissions made by the learned counsel on either side and with their consent, this writ petition is disposed of with the following conditions:

(i) The petitioner shall submit an undertaking along with an affidavit before the X Judicial First Class Magistrate at Khaitalapur, Kukatpally, in C.C. No.1426 of 2017 (Crime No.964 of 2017), stating that the petitioner will not leave India during pendency of the said C.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Court shall issue a certified copy of the undertaking along with an affidavit within Two (2)

weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of his application for issuance of passport.

(iv) The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard.

(v) The Passport authority is directed to issue the passport to the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court.

(vi) The petitioner shall deposit the original passport before the X Judicial First Class Magistrate at Khaitalapur, Kukatpally, in C.C. No.1426 of 2017 (Crime No.964 of

2017), after issuance of the passport.

(vii) The petitioner shall be at liberty to file an application before the X Judicial First Class Magistrate at Khaitalapur, Kukatpally, in C.C. No.1426 of 2017 (Crime No.964 of 2017), seeking permission to travel outside India and on making such an application, the trial Court shall consider the same in accordance with law.

6. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, if any pending, shall stand closed.

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JUSTICE N.V. SHRAVAN KUMAR Date: 23.07.2025 LSK