IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.2811 of 2026

23.02.2026 Between:

Sanem Mahender …Petitioner AND The Union of India, Rep.by its Principal Secretary, Ministry of External Affairs, South block, New Delhi and 2 others …Respondents

ORDER:

The Writ Petition is filed challenging the action of Respondent No.2 in not renewing/reissuing the petitioner’s passport vide File No.HY1076145665724, dated 25.01.2024, on the ground of pendency of criminal case.

2. Heard Sri Sinde Mohan Devidhas, learned counsel for petitioner and Smt N.V.R.Rajya Lakshmi, learned Standing Counsel for Central Government representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos.1 and

2. Perused the record.

3. Learned counsel for petitioner submits that mere arraignment of 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.3211 of 2026, dated 04.02.2026.

4. Learned Standing Counsel for Central Government, for the respondents submits that criminal case is pending against the petitioner in CC.No.32 of 2023 for the offences punishable under Sections 468, 471, 420, 412 & 406 of IPC on the file of the XI Additional Metropolitan Magistrate, Rajendranagar Court and the case is pending trial. Therefore, refusing to renew the passport as per Rules is not said to be illegal.

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.3211 of 2026, dated 04.02.2026, and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent No.2 to renew/reissue the passport to the petitioner on the following conditions:

i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.32 of 2023, pending on the file of the XI Additional Metropolitan Magistrate, Rajendranagar Court.., 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 renewing/reissuing the 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 renewing the passport, in accordance with law, within three (03) weeks from the date of said application;

v) Respondent No.2 shall consider the Passport Rules, 1967 while considering the application for renewing of the passport to the petitioner;

vi) The competent authority shall specify the permission period of one year for the petitioner to renew the passport for travelling abroad, and also obtain appropriate undertaking from the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India.

vii) Any other condition as deemed appropriate by the trial Court.

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

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

___________________________ NAGESH BHEEMAPAKA,J Date:23.02.2026 aqs THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.2811 of 2026

23.02.2026 AQS