Telangana High Court
WP/7945/2026 of Bommireddy Dilip Reddy Vs The Union of India on 23 March 2026
S/o. Yadi Reddy, Aged about 34 years, Occ Student, R/o. 1120, No. Fransworth Avenue Appt. 18, Aurora lL, USA 60505. Represented by Special Power of Attorney namely Bommireddy Padma Wo. Yadi Reddy, Aged about 50 years, Occ House Wife, R/o. H.No. 2-4-989, Srisai Residency, Road No. 5,
Bommireddy Dilip Reddy, S/o. Yadi Reddy, Aged about 34 years, Occ Student, R/o.
1120, No. Fransworth Avenue Appt. 18, Aurora lL, USA 60505. Represented by Special Power of Attorney namely Bommireddy Padma Wo. Yadi Reddy, Aged about 50 years, Occ House Wife, R/o. H.No. 2-4-989, Srisai Residency, Road No. 5, Samathapuri Colony, Nagole, L.B.Nagar, Ranga Reddy District.
.....PETITIONER
AND
[ 33oo ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY THIRD DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 7945 OF 2026
Between:
1. The Union of lndia, Represented by its Secretary, Ministry of External Affairs, Government of lndia, CTV division, TV1 Section, Patiala House Avenue,New Delhi.
2. The Regional Passport Office Authority, Hyderabad.
3. ASO Passport section, Consulate General Of lNDlA, Chicago.
4. Consul CPV Consulate General Of lndia, Chicago.
5. The State of Telangana, Rep., by Prl Secretary to Govemment Home Department, TS Secretariat, Hyderabad.
6. Bandi Sravani Reddy, D/o Bandi Bhupal Reddy, Aged 27 Yrs, Occ Pvt.
Employee at USA, Rio Presently H.No.3-16-106-371/A, Venkat Reddy Nagar, Ramanthapur, Hyderabad.
.....RESPONDENTS
Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particulady one in the nature of WRIT OF MANDAMUS, declaring the inaction of Respondent No.2 to 4
in not renewing the passport of petitioner bearing passport No. N1091445
pursuant to renewal application dated 30-07-2024 vide Government Reference Number US707531606'1324 as illegal arbitrary violative of I irrcipal natural justice and violative of Article 14 and 21 of the constitution of l,r ia and consequently direct,the respondent no. 2 to 4 to forthwith renew the paf;r f'ort of the petitioner made via Renewal Application Dt 3010712024 vide Application No.US7075316061324 and confirmation of police verificatiorr r.'quest from Reginal passport office dated 17 -08-2024 under section 10 of pa; I)orts Act 1967 and under rule '12 of Passport Rules 1980, without referr:r r:e to the criminal proceedings pending against the petitioner in C.C.no.2942 of 2019 registered under 4984, 323,406,506 of lndian Penal Code IPC anc S;ec 3, 4 of Dowry Prohibition Act on the file of women protection section WPS, I aroornagar which is presently pending adjudication before the Honourable \ / Addl. Metropolitan Magistrate-Cum-Junior Civil Judge, Ranga Reddy District at t . 3.Nagar.
!.A.NO:1 OF 2026
Petition Under Section 151 CPC praying that in the cir; lnstances stated in the affidavit filed in support of the petition, the High Court mav re pleased to direct the Responderit No.2 to 4 to renew the petitioners passpor rc. N1091445 vide Application No. US7075316061324, thereby release the sar rr in favour of the Petitioner, pending the final disposal of the main writ petition.
Counsel for the Petitioner : SRI S.VIJAYA PRASHANTH
Counsel for the Respondent Nos.1 to 4 : SMT N.V.R.RAJYA L q.KSHMl, STANDING COUNSEL REPRESENTING SRI N.BHUJANGA RI O, DEPUW
SOLICITOR GENERAL OF INDIA
Counsel for the Respondent No.5 : G.P FOR HOME
Counsel for the Respondent No.6 : -
The Court made the following ORDER
w
IN THE HIGH COURT FOR TH E STATE OF TELANGANA
AT HYDERABAT)
THE HON' Bt,E SRI JUSTICtr NAGESH BHEEMAPAKA
WRIT PE'IITION Nc. 1943 ot2J26
23'd i\{arch 2026
Befwecn
Bommircddy Dilip Redd1. S/o Yadi Reddl'
Petitioner
AND
l. The Union ol India, and othels
Respondents
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ORDER:
The petitioncr \4'cnt to the United Statcs of Arnerica on 08.08.2023 for the purpose ol studr, and he is presentl), in USA. It is his case that when he approached thc Indian passport authorit;' at Chicago seeking renewal of his passport, the autholities irnpounded his passport, stating that criminal proceedings are pending against hirn in C.C. No.2942 of 2019 on the file of V Additional Metropolitan Magistrate-cum-Junior Civil Judge, Ranga Recidy District, at L.B. Nagar. lt is statcd that the petitioner's sister in-law (wife of his elder brorhcr) filed a oase against his elder brother, parents and him, alteging olfences under Scction 498-.{,406, 506 ollPC, and Scclions 3 and 4 ol the Dorvry Pr.,hibiton Act, and the same was registeled as FIII No.275 ol 20lij of Saloornagar Wornc'rr Police Starion, Rachakonda Comrnissioncratc, and thc ;rolice, atier investigation, fllcd charge sheet belore the trial Courl, which was .E (en on flle as C.C. No.2942 of 2019, and.the crimin:l proceedings are ;r,.r rling as on today.
2. Heard Mr. S. Vijay prashanth, learned counsel I rr the petitioner; and Mrs. N.V.R. Ralya Lakshmi, learned Standing Couns: -eprescnring Mr. N. Bhujanga Rao, learned Deputy Soricitor General. per.r: :d the rccord.
3. I-earned counsel cornplainant in the C.C. Ibr the petitioner wou lt No. 2942 ol20 l9 (who was rl r elder brother), has suhsequently obrained divorce orr ( 9.07.2019 by filing divorce petition in USA, and subsequently she rr u r.ied one Avinash Prakash lt is contended that a rarse compraint rvr filed against the petitioner and larnily members with a[ false arleg r icns and that the complainant is pursuing the false case without withdr,.,ing the complaint despite obtaining divorce lrom his clder brother an 1 renrarrying. It is contended that this Court in W.p. No.3205g ol 2 025. in similar circumstances, directed for renewar of passporl and ther : irre simirar orders may be passed in this writ petition as well.
4. Learned Standing Counsel would contcnd that rhis _ourr in W.p. No. 32058 of 2025 passed orders on 03.12.2025. However. ;:rbscclue.tly, the Hon'ble Division Bench ol this Courr in W.A. No. I I t ol' 2026. dared 05.02.2026, directed the appellant rherein to file appropr i r,: application lor NOC belore the concerned triai Court in lndia, while i:tting aside rhe direction given by the learned single Judge lor issu.r r e, of ernergency certificate. It is contended rhat the appellant in w.A. Nc I 2g ol 2026 too rvas abroad and he was facing criminal proccedings rr India. It is also contended that the petitioner in the instant case stands or: r sirnilar fboting contend that the wil-e o1'petitioner's w and therefore the petitioner has to approach the trial Court with appropriate application seeking NOC tbr issuance of passport.
5. Having considered the rcspective contentions and perused the record, it is relevant to refer to the Judgment of the Hon'ble Division Bench of this Court in W.A. No. 128 of 2026, dated 05.02.2026, w,herein it was observed at paragraphs No. 5 and 6 as follows: "5. ln the above said facts and circumstances, we are of the considered view that the impugned direction issued by the learned writ Court upon the Consulate General of lndia, Atlanta, to issue emergency certificate as per the Rules, 1980, may not be permissible. The right course for the appellant in such circumstances is to approach the concerned Court of criminal jurisdiction with an application for issuance of no objection certificate and such other ancillary prayers as may be sought in the facts and circumstances of the case. Needless to say that if such application is made before the learned Corlrt, it would take up the matter as early as possible, preferably, wathin the same week and after hearing the parties, pass such orders as may be required in accordance with law within a period of two (2) weeks thereafter.
6. The learned Senior Counsel for the appellant at the end submits that on account of inability of the appellant to appear before the learned Court on 27 .12.2025, a petition under Section 317 of Cr.P.C. to dispense with his personal :ppearance was filed before the learned Court and the same is pending. The appellant is at liberty to press the said application before the learned Court while seeking issuance of no objection certificate through appropriate application as observed hereinabove.,, II
6' In the instant casc also, admittedly, there are :-iminar proceedings pending againsr the petitioner in c.c. No. 2942 of ()t9 before the trial court. Therefore. as directed by the [{on'bre Di,",isio r l}ench of'this Court in W.A. No. 128 ol 2026,dated 05.02.2026. the petiri ner has ro approach the concemed trial Coun and file an application seek i 1g issuancc of NO(_ for issuance / renewal of passport. Further, as the pet t ong6 15 pr.csently in USA, the petitioner is hereby permitted to file ap 1 opriate application under Section 3 l7 of cr.p.c., if not already filed. scct i r3 to dispcnse rvitli his personal presence berore the trial court. Upon fitir,r such applications, the trial court shall consider the same and pass appropf lte orders, both o. "Noc application" and "Dispense with personal pres( r ]e" apprication, in accordance with law. 1-he petitioner is thereafter at ri r :rty to fumish the NOC belore the passport authority seeking renewal ol.) r:;sport. lt is rnacle clear that the impounding of the passport of the petitic,r :r shall not be an impediment in the renewal of petitioner's passport. l.: . ths duration as specified in the NoC issued by the triar court, or for rrr : def-aurt renewal period olone year as per passport Rules, as the case ntar I c..
7. Accordingly, the writ petition is disposcd ,rf. No cosrs Miscellaneous petitions pending, if any, shallstand closer . SD/.M.J qWAHAR REODY ASSISI6.NT REGISTRAR //TRUE COPY// To sil :cTloN oFFtcER '1. The Secretary, Union of lndia, Ministry of Extem ffairs, tl )vernment of lndia, CTV division, TV1 Section, Patiala House Avenue, Ne ar Delhi
2. The Regional Passport Office Authority, Hyderabad.
3. The ASO Passport section, Consulate General Of lNDlA, C t ir:ago.
4. The Consul CPV Consulate General Of lndia, Chicago.
5. The Principal Secretary to Govemment, Home Department -S Secretariat, State of Telangana at Hyderabad.
6. Two CC's to G.P FOR HOME, High Court for the State of T: zrngana at Hyderabad. (OUT)
7. One CC to SRl. S VIJAYA PRASHANTH Advocate [OPUCI
8. One CC to SRI N.BHUJANGA RAO, DEPUTY SOLICITOR ( ,I:NERAL OF INDIA
9. Two CD Copies SA
C.C. TODAY HIGH COURT DATED:2310312026
ORDER
WP.No.7945 of 2026 DISPOSING OF THE W.P WITHOUT COSTS. iii qt' t: a) 6 t,lAq &6 0B i * i. r.')