Telangana High Court

WP/1793/2026 of Anugula Rakesh Vs The Union of India on 13 February 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 1793 OF 2026 Between: AND I Anugula Rakesh, S/o. Anugula Gopal, aged

[ 33oo ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTEENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 1793 OF 2026

Between:

AND

I

Anugula Rakesh, S/o. Anugula Gopal, aged about 4'1 years- Occ gu;in!P?

R/o." H. No. 1-54, Hasanparthy Mandal, Vangapahad. Warangal Drstrrct, Telangana 506 006.

..PETITIONER

The union of lndia, Rep. by its Principal secretary, Ministry of External Affairs, South Block, Secretariit, Raisina Hill, New Delhi 110 0'l '1

The Regional Passport Officer, O/o. The Regional. Passpo( Office, D No B

2-215 t;219, Near'Prashant Theatre, Kummarguda, Secunderabad - buu

003. Telangana, lndia

Adluri Anuradha, Wo. Pradeep, aged about 32 years, Caste Goldsmrth, Occ ngii"ritii"t-officer/ MCC ln-ciiarg6, R/o, H No-1-8-489, Flat No 102, Haritha Residency, Balasamudram, Hanamkonda.

The Sub-lnspector of Police, Kodad Town Police Station , Kodad' Suryapet - 508 206.

The Sub-lnspector of Police, lnthezargunj Poiice station., warangal District.

The Sub-lnspector of Police, Ganneruvaram Police Station., Karimnagar District Vanga Ravindra, S/o. Bakkaiah, aged about 53 years, Occ PC 2351 of PS

Karimnagar (T), Karimnagar District

The Sub-lnspector of Police, Hanamkonda Pofice Station , Hanamkonda District.

Respondent nos,3 to B are impleaded as per C.O.dt 28.01 2026 in lA

No.212026.

..RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be

B

t)

pleased to issue a Writ, Order or Direction more particularly Writ of Mandamus, by declaring the action of the Respondett the fresh Passport to me, pursuant to the applica i HY75C5015868924, dated 1010712024 on the ground of per as illegal, arbitrary, unconstitutional, in violation of princip €

and contrary to the provisions of the Passports Act, 19€l direct the Respondent No.2 to issue me a fresh passp r application vide File No. HY75C5015868924, dated 1OlO7/2Q', to the said criminal case.

rne in the nature of

No.2 in not issuing

rn vide File No.

d ing crrminal case,

s of natural justice

and consequently

t, pursuant to the

4 without reference

lA NO: 1 OF 2026

Petition under section 151 CPC praying that in the r) 'cumstances stated in the affidavit filed in support of the petition, the High cou- may be pleased to direct the Respondent No.2 to consider my application vider application File No.

HY75C5015868924. dated 10.07.2024, requesting for is; tance of passport, without reference to criminal case, pending disposal of the I )ove writ petition.

Counsel for the Petitioner: SRI BOMMINENI VIVEKANAND/\

Counsel for the Respondent No.1 & 2: SMT. B. KAVITHA Y,l IAV'

SC FOR CENTRAL (; )VT. /

SRI N. BHUJANGA tI \O,

Deputy Solicitor Getr rral of lndia

Counsel for the Respondent No.3 to 8: - - - - The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRTT PETITIO N No.1793 of2026

Between:

Anugula Rakesh

...Petitioner

AND

The Union of India,

Rep.bf its Principal Secretarlr,

Ministry of External Affairs, South Block, Secretariat, Raisina Hiil, Neu, Delhi and 7 others

...Respondents

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ORDER:

The Writ Petition is filed chaltenging the action of Respondent No.2 in not issuing the petitioner's passport uide File No.HY75C50 15868924, dated LO-07.2024, on the ground ol pendency of criminal cases.

2. I{eard Sri Bommineni Vivekananda, learned counsel for the petitioner and Smt B.Kavitha Yadav, learned Senior Standing Counsel for Central Government, for respondent Nos' l and 2 Perused the record. L3.O2.2026

3. Lcarned counsel for petitioner submits thal r rlre arraignment of the petitioner in a criminal ca3e cannot be a grc rnd for denial of passport. He reiies on the judgment of this Court n W'P'No 286 14 of 2024 , dated l6 . 1O .2024 .

4. Learned Senior Standing Counsel for he respondents submits that the follou'ing criminal cases are pe r ding against the pet itioner:

(i) C.C.No.2a6 of 2O19 on the ftle of tLe learned tt Judicial First Closs Magistrate, (i, C.C. No. 1451 of 2O24 on the file of the leuit First Class Magistrate, )

(iii) C.C. No. 3.5O of 2021 on the ftle of the leorneC. JuCicial Fir-st Class Magistrate,

(iu) Cime No. 6 of 2O22 o-f Karimnagar I Tou.tn f c (u) C.C. No. 717 of 2022 on tle ftle of tlrc learned Judiciat Mogistrate of Firsf Class, Kaimr (ui) C.C. No. 889 of 2024 on the ftle of the leamed I Judicial First Class Magistrate, Honamkondo. ' Additional Warangal; ed Judicial Ittzuntagor; \ AdditionaL Warangal; '.ice Station; t Additional agar; and I Additional Therefore, refusal to issue a passport to rhe petitioner, ln accordance r,r'ith the ru1es, cannot be said to be il r ga1.

5. Be that as it may, considering the judgment of the coordinate Bench of this Court in W.P.No.32 ll of 2026, tl*ed 04.02.2026, and the purpose for '*'hich the passport is bein5; requested by the petitioner, this Court direct-s the respondent Nc.2 to issue the passport to the petitioner on the following conditions: .

i) The petitioner herein shall submit an undertaking along with an aflidavit in C.C.No.246 of 2u-19, pending on the frle of the learned III Additional Judicial First Class Magistrate, Warangal., stating that he shall not leawe 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 aflidavit, 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 the aforesaid undertaking before the Passport Officer / Authority cotrcerned for issuing the Passport;

iv) On liling such an application with the undertaking, the Passport Oflicer/ Authority shall consider the same afresh duly considering the contents of the undertaking given by the petitioner for issuing the passport, in accordance with law, within three (O3) weeks from the date of filing the said application along with the undertaking. v| Respondent No.2 shall consider the Passport Rules, 1967 white considering the application for issue of the PassPort to the petitioner;

vi) The competent authority shall specify the permission period of one year for the petitioner to issue the passport for travelling abroad, afld 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. Accordingl,v, the Writ Petition is disposed of. There shall be no order as to costs //TRUE COPY// SECTION OFFICER Miscellaneous petitions, if any, pending in this Writ Petition, shal1 stand closed. / SD/-C. DEEPIKA ASSISTANT REGISTRAR

The Principal Secretary, Ministry of External Affairs' The Union of lndia' South ;ioci '$;;ir-,Li, n'ili"' Hirr' .Nrew Derhi 110 011- -. The Regional Passport ofi""i"b"l" fne Regionat Passoort office' D No S- 2-215 to 21e, Near pratnili'r]lJut;;""K;;;''s'da' becunderabad - 500 To,

003. Teiangana iniia

3. The Sub-lnspector of Police' Kodad Town Police Station (odad' Suryapet - 508 206

4. The Sub-lnspector ot Police' lnthezargunj Police Station v rarangal District

5. The Sub-lnspector oI'i]"ritl '' c'"'i""-i'""' Police s'l rtion ' Karimnagar District

6. The Sub-lnspector of Police' Hanamkonda Police Strr ron ' Hanamkonda , B';X'3t" to sRl Bot\rMlNENlvlvEKANANDAAdvocate I( PUCI

8. one cc to sMT B *v^'il^ Yffinv sC ron crr'rrnl't Govr toPUCl e one CC to SRI N BHU:ANEA'ifii"o"p"v Solicitor Ger :ral of lndia[oPUCl

10. Two CD CoPies BN BS C03. Teiangana, incira

\

HIGH COURT DATED:1 310212026

ORDER

WP.No.1793 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS T4 ) * *

t oo i]: ii[8 ?rl,fi f) >. Sr aTC : :--:::- I I ? sL I I I I o6v \

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