WP/36983/2025 of Rathanala Srinivas Vs The Union of India on 28 January 2026

ORDER:

...Respondents The Writ Petition is fited challenging the action of Respondent Nos.2 and 3 in not renewing the petitioner's passport uid.e online application reference No.2s-2oo426o346, dated 2s.og.2o25, on the ground of pendency of criminal case and pending NBW.

2. Heard M/s.K.venumadhav, learned counsel lor petitioner, Smt N.V.R.Rajya Lakshmi, rearned Standing counsel for central Government appearing for sri N.Bhujanga Rao, learned Deputy solicitor General of India, for respondent Nos.l to 3. perused the record NT]K.J \r,P_369s3 2025

3. Learned counser for petitioner submits that petitioner is an India.e Citizen, working in Bahrain as a gardener. His passport, bearirrg No.N5O lg766, issued on 19.1 1 .2OlS, was valid until

18. 1 i .2025. He submitted an application to the 3.cr respondent _ Indian Consular Application Centre, Bahrain, No.25-.2004260346, dated 25.Og.2O2S, seeking passpo;-t. Hol'ever, the 3.d respondent refused uide application renewal of his to renew the passport on thc ground that the petitioner is invorved in crime No-37 of 2016 under Section 4lZ, 420,323 and 2gO, read with Section 34 of lpc, uid.e c.c.No.170 of 2016 of Kaddam porice Station and it has been transferred to Khanapur court. The case is currently pending trial at Judicial First Class Magistrate, Khanapu. and the petitioner is having a pending NBw in crime No.37 of 2016 and C.C.No.22B of 2021 at Judicial First Class Magistrate, Khanapur. 4' Learr:ed counsel for the petitioner further submits that in the application for renewal, petitioner has not mentioned about the pending cri:rrinal case and draws attention of this court to the E_ mail communication of the petitioner dated 28.1 I .2025 and 29.1 l.ZOZS communicated to respondent No.3 seeking certain clq4ificatioNS regarding provisions for issuing an emergency

NUK,.l wP_i6983_2025 passport release. He relies on the judgment of this Court in W. P. No. 1037 I of 2025, dated OB.O4 .2025.

5. Learned standing counsel for the central Government, for respondent Nos.1 to 3 submits that as per Section 4, Schedule II Part II of Passports Rules, 1980, an emergency certificate may be issued for the purpose of travel. Section 4, Schedule II part II are extracted hereunder for the purpose of reference: "4. classes of persons to whom the difference classes of passports and trauel d.ocuments mag be issued. - The c/asses of persons to whom the classes o/passports or trauel d"ocuments referred. to respectiuelg in sub-section (1) and sub-section (2) of section 4 may be issued, shall be as specifi.ed respectiuely in part I or part II as the case mag be, of Schedule II. Schedule II Part II :- Dnergencg certifi.cate : (i) citizens of India abroad who haue been refused passport, or whose passporfs haue been impounded or reuoked, or who haue to be repatriated to India."

6. Learned standing counsel appearing on behalf of respondents further submits that the above said provision enables petitioner to travel to India based on an emergency certificate and if the petitioner makes an application for issuance of emergency certificate, the sarne would be considered by respondent No.3 and after the certificate is issued, petitioner can travel to India and contest tlfb gending criminal case against him. ./

NBK,J wP 36983 2025 T. Learted. counsel for the petitioner accedes to the submission made by .earned Standing Counsel for Central Government and would submit that appropriate orders be passed' g. Havi:eg regard to the respective submissions, in the light of the order passed by this Court in W.P.No.1O37l of 2025, dated

08. O4.2O2!;, and considering that Non-Bailable Warrants are pending aSlainst the petitioner and that he is presently abroad, this Court is inclined to direct the petitioner to file an appropriate applicatior. before respondent No.3 - the Embassy of India, Bahrain seeking is,suance of an Emergency Certificate to enable him to travel bacl< to India. Upon filing such an application, the salne shall be considered '"r'ithin a period of two weeks and the necessary travel cert:ficate shall be issued, subject to compliance with the following dlrections:

i) The ltetitioner shall, immediately upon return to India, appear before the learned Judicial First Class Magistrate, Khanapur, in c.c.No.170 0tf 20L6 and c.c.No.228 0f 202L and furnish an underterking along with an affidavit, stating that he shall not leave Irrdia during the pendency of the said cases without prior permission of the court and shall cooperate in concluding the crimina.l Proceedings. -/ \

NBK,J wP_3698-r_2025

ii) If the petitioner intends to seek renewal of his passport, he shall file an appropriate application before the trial Court seeking issuance of a No Objection Certificate for such renewal.

iii) Upon filing of such an application, the trial Court shall consider the same and pass appropriate orders, specifying the period for which the petitioner's passport may be renewed. ivl The petitioner shall produce the No Objection Certificate issued by the trial Court before respondent No.2 - the Regional Passport Authority.

v) Respondent No.2 is at liberty to take steps on breach of undertaking.

9. 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. SD/. C.DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, lffr^x

1. The under Secretary, Ministry of External Affairs, Union of lndia' New Delhi

2. The Regional Passport Authority, Hyderabad at Secunderabad'

3. The consular, Embassy of lndia, Bahrain, Building 1090, Road No'2819' B6;k-ruo.+24, Ai-Seet, rrlanama: Kingdom of Bahrain'

4. One CC to SRl. K. VENUMADHAV, Advocate IOPUCI

5. one cc to SRl. N BHUJANGA RAO, Deputy solicitor Generalof lndia loPUCl Two CD CoPies TKS

I I I HIGH COIJRT DATED i2810112026

ORDER

WP.No.36983 of 2025 DISPOSING OF THE WRIT PETITION WITH UT COSTS ':- t u 0g rtB 2026 .,,, * I

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