HON’BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.5851 of 2025

ORDER

This Writ Petition is filed seeking the following relief:- “to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not renewing my passport No Z3222901 in pursuant to my application No.HYJ077244242924, dt.23.12.2024 as illegal, unlawful, unconstitutional in violation of principles of natural justice.”

2. Heard Mr.J.Venudhar Reddy, learned counsel for the petitioner and Smt.N.V.R.Rajya Lakshmi, learned counsel for respondents.

3. Learned counsel for the petitioner submitted that respondent No.2 has issued passport to the petitioner on 21.05.2015, vide passport bearing No.Z3222901 and the same is valid upto 20.05.2025. Even before expiry of the said passport, petitioner submitted application dated 23.12.2024, vide application No.HYJ077244242924, requesting the respondent authorities to renew the passport. In spite of the request made by the petitioner, respondent No.2 has not renewed the passport of the petitioner, on the alleged ground that he was involved in Crime No.70 of 2019, for the offences punishable under Sections 406, 420, 465, 446 and 471 of IPC. Learned counsel further submits that the Investigating Authorities after conducting investigation filed charge sheet and the same was numbered as C.C.No.2840 of 2021, for the offences under Sections 406, 420 and 109 of IPC, on the file of the learned XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. Learned counsel further submits that the investigation is in progress. Mere pendency of the criminal case is not a ground for rejection of the application submitted by the petitioner and the same is contrary to the provisions of the Passports Act, 1967. Learned counsel further submits that in similar circumstances, this Court disposed of the writ petition vide W.P.No.28614 of 2024 on 16.10.2024 with certain conditions. With the very same conditions, respondent No.2 may be directed to consider the application submitted by the petitioner.

4. Learned Standing Counsel for respondents submitted that respondent No.2 will consider the application submitted by the petitioner in terms of the order passed by this Court in W.P.No.28614 of 2024, dated 16.10.2024.

5. In view of the said submissions made by the respective parties, this Writ Petition is disposed of directing respondent No.2 to consider the application dated 23.12.2024, submitted by the petitioner for renewal of the passport with the following conditions:

i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.2840 of 2021 on the file of the learned XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, stating that he shall not leave India during pendency of the said C.C. without permission of the Court and that he shall co-operate with trial Court in concluding the proceedings.

ii) The trial Court shall issue a certified copy of the undertaking and affidavit within 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 renewal of passport.

iv) The Passport Authority shall consider the documents in the light of the observations made by the Courts 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. The petitioner shall deposit the original passport before the trial Court in criminal case for renewal of the passport. The petitioner shall at liberty to file an application before the learned XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad seeking permission to travel outside India and the said Magistrate shall consider the same in accordance with law.

6. With the above observations, the Writ Petition is disposed of. No costs.

Pe