Telangana High Court

WP/3140/2026 of Mr. Rajendra Prasad Kodam Vs The Union of India, on 10 February 2026

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 3140 OF 2026 Between: Mr. Rajendra Prasad Kodam, S/o. Bhagwan Kodam, Aged about

[ 3300 I

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 3140 OF 2026

Between:

Mr. Rajendra Prasad Kodam, S/o. Bhagwan Kodam, Aged about 37 Years, Occu- Business, R/o. Villa- 37, Kalyan Whistling Wood, Brindavan Colony, Pet Bhasheerabad, Medchal, Telangana - 500067.

...PETITIONER

AND

The Union of lndia, Rep. by its Secretary, Ministry of External Affairs, CTV

Division, TC-1 Section, Patiala House Annexe, Government of lndia, New Delhi, lndia The Regional Passport Officer, Regional Passport Office, D. No. 8-2-215 to 219, Kummaraguda, Secundreabad, Telangana - 500003.

...RESPONDENTS

Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or Direction more particularly a Writ of Mandamus declaring the action of the 2nd Respondenl in refusing the Petitioner's Passport application in File No. HYH075903539925, dated- O3-11-2025 for re-issue the passport to the petitioner vide Old Passport No. Z7 024641 on the ground of the pendency of the criminal case in CC. No 865 ot 2024 in Crime No. 187 of 2024

on the file of the Hon'ble Addl. Judicial First Class Magistrate, at Gajwel as illegal, arbitrary, unconstitutional, contrary to the provisions of The Passport Act, '1967 and in violation of Article 19 and 21 of lhe Constitution of lndia, and consequently direct the 2nd Respondent to process the Petitioner's application in file No. HYH075903539925, dated- 03-11-2025 and reissue the petitioner's passport bearing no.27024641 without reference to the said criminal case in the interest of justice.

lA NO: 'l OF 2026

Petition under Section 151 CPC praying that in the ; rcumstances stated in the affidavit filed in support of the petition, the High Cot'1 may be pleased to direct the 2nd Respondent to Re-issue the passport c, the petitioner by considering the passport application No. HYH07590353992 i dated. O3-'11-2025, without reference to the pendency of the criminal case po rding disposal of the above writ petition.

Counsel for the Petitioner: M/s. AJGAL RAVI BABU

Counsel for the Respondents: SRI P.SHASHIDHAR REDD'/

SC FOR CENTRAL GOW.

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITIOII No.314O of 2026

1o.o2.2026

Between:

Mr.Rajendra Prasad Kodam

...Petitioner

AND

The Union of India, Rep.by its Secretary, I\{inistry of External Affairs, CTV Division, TC- 1 Section, Patiala House Annexe, Goverr-rment of India, Ner.v Delhi, India and another

...Respondents

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ORDER:

The Writ Petition is filed challenging the action of Respondent No.2 in not re-issuing the petidoner's passport uide File No.HYH075903539925, dated 03.11.2025, on the ground of pendency of crimina-l case

2. Heard M/s.Ajgal Ravi Babu, learned counsel for the petitioner and Sri P.Shashidhar Reddy, learned Standing Counsel for Central Government for respondent Nos. I atd 2. Perused the record.

-r- \3k \\ t,_ i ltI I'rl.

3. Learned counsel for petitioner strbmits tha, nrere arraignment of the petitioner in a criminal case carnot be a 5;t lund for denial of passport. He relies on the jr-rdgment of this Cou' in W.P.No.26286 ,..1 2.025, dated 27.1O.2025

4. Learnecl Standing Counsel for the respontl rnts submits that criminal case is per-rding against the petitioner r tle C.C.No.865 of 2021 before the learned Additional Judicial Firs,t Class Magistrate at Gajwel and therefore, refusing to re-issut the petitioner's passport as per Rules cannot be said to be illegal

5. Be that as it may, considering the judgmer I rtf the coordinate Bench of this Court in \,V.P.No.35056 of 2023. caled 02.O1.2024. and the purpose for w,hich the passport is betr-r11 r'equested by the petitioner, this Court directs the respondent No 2 to re-issue the passport to the petitioner on the lollowing conditir rrs

i) The petitioner herein shall submit an u: with an aflidavit in C.C.No.865 of 2024, pendirrl learned Additional Judicial First Class Magistr stating that he shall not leave India during pendt C.C., without permission of the Court and that hr) with trial Court in concluding the proceedings in t

ii) On frling such an urdertaking as well i trial Court shall issue a certified copy of the sanr, weeks therefrom;

iii) The petitioner herein shall submit afresh along with the aforesaid undertaking befil Officer / Authority concerned for reissuing the pas

iv) On liling such an application with the .t Passport Oflicer/ Authority shall consider the sr con_sijlering the contents of the undertaking pdtitioner for issuing the passport, in accordance r lertaking along on the file of rte at Gajwel., ncy of the said shall cooperate re said C.C; s affidavit, the within two (2) an application e the Passport ;port; ,6sltalring, the ne afresh duly given by the 'ith law, within n

:\ dK..I n P-r ll-r trrl. three [O3] weeks from the date of frling the said application along with the undeftaking.

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

vi) The competent authority shall specify the permission geriod 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 sha_1l be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed SO/. A.H.S.GOWR ISHANKAR sSISTANT RE //TRUE COPY// Secrtou oFFlcER To, BSR BS

1. The Secretary' Ministry of External Affairs C Patiala House Annexe, Government of lndia, Del Division, TC-1 Section' hi, lndia, Union of lndia. ;i3,[:Fl?lfJ.!3:::31S["'"":':::YI.'x.Effi :ryf.s#s: D. No. 8-2-215 to

3. The Additional Judicial First Class Magistrate at Gaiwel'

4. One CC to M/s. AJGAL RAVI BABU' Advocate [OPUC] 5 One CC to SRI P.SHASHIDHAR REDDY' SC FOR CENTRAL GOVT IOPUCI

6. Two CD CoPies

HIGH COURT DATED: 1010212026 t f, t'lE r,4 ( o

ORDER

o WP.No.3140 of 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 1 ' f\ ')\:)', I .f) I Ir + .', t.'rcv(|) ..-. ' -11)1--';--z- St -J-Ks ttf -f>e.

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