WP/26026/2025 of Nikhil Nanchari Vs The Union of India on 11 December 2025

ORDER:

1. This Writ Petition is filed to direct the respondents to forthwith renew the passport of the petitioner vide File No.HY107S279TBA32S dated 03.07.2O25 for a period of 10 years under Section 10 of Pasports Act, 1967 and under Rule 12 of Passport Rules, 1g80 Junior Civil Judge-cum-Vlll Additional Judicial Magistrate of First Class at Medchal, Athevelly and also the Gazette Notification issued by the Central Government vide GSR.No.570(E), dated '10.10.2019.

2. lt is the case of petitioner that he is holding Passport bearing No.23289913, which was valid till 24.10.2025.|t is the further case of --.---------- without reference to the criminal proceedings pending against the petitioner in CC.No.35 ot 2022 on the file of the learned I Additional I

the petitioner that he has submitted an application to .he respondent authorities vide application No.HY10752797t 8325, dated 03.07.2025 for renewal of passport. However, the re r pondents have not processed his application and there are nr court orders restricting from renewing his passport. lt is the fuit er case of the petitioner that he did not receive any show car r e notice from respondent No.2, but rather it is informed by the po i ;e that there is an adverse police verification report corresponding tri the application and a criminal case is pending against him vide C.() No.35 of 2022 on the file of the Vlll Metropolitan Magistrate, Mr,r chal-Malkajgiri District, Telangana.

3. Heard Sri S.Syam Sunder Rao, learned c'r unsel for the petitioner as well as Sri Pulimamidi Shashidhar F eddy, learned Standing Counsel for Central Government represent rg respondent Nos.'1 & 2.

4. Learned counsel for the petitioner conten,l:d that mere pendency of the criminal case against the petition: cannot be a ground to deny issuance of passport to the petition: ' and the said action of the respondents is contrary to the procedr r I laid down in the Passports Act, 1967. lt is the further contention tf the learned counsel for the petitioner that in catena of judgments, I re Apex Court as well as this Court held that "passport authority cannot refuse renewal of the passport on the ground of pendency of criminal case and directed the passport authority to issue the passport without raising the objection relating to pendency of the criminal case."

5. ln view of the above said submissions and having regard to the law laid down by the Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of lnvestigation r ; Maneka Gandhi v. Union of tndia2 and Satish Chandra Verma v. Union of lndia and others3, this Court deems it appropriate to grant the relief subject to ce(ain conditions.

6. The Writ Petition is disposed of directing respondent No.2 to consider application File No.HY1075279788325 dated 03.07.2025 submitted by the petitioner for renewal of the passport without reference to the pendency of the proceedings in C.C.No.35 ot 2O22, on the file of the learned Vlll Metropolitan Magistrate, Medchal- Malkajgiri District, Telangana, subject to the following conditions:- (a) The petitioner shall submit an undertaking, along with an affidavit in C.C.No.3S of 2022, on the file of the learned Vlll Metropolitan futagistrate, Medchal-Malkajgiri District, Telangana, stating that he will not leave lndia during ' zozo ca.L..l.1sc1szz , 1978 (1) SCC 248

- 2019 SCC Ofllins SC 2048 I I -.-- I t pendency of the said C.C. without permission tt and that he will cooperate with the trial Court in the proceedings in the said C.C.

(b) On filing of such an undertaking as well as zri trial Couri sha// r'ssue a certified copy of the st petitioner within a period of two (02) weeks ther't

(c) The petitioner shall submit certified c<,1 aforesaid undertaking before the Passporl ( reissuance/ renewal of hls passpoft and th,= Officer shall consider the application submit\ petitioner in accordance with law, within two 'r from the date of submission of such undertaking.

(d) On renewal/reissuance of passporT, the pettt deposit the same before the trial Court in C.( 2022. However, liberty is granted to the petitionz application before the trial Court seeking perr travel abroad and it is for the trial Couft to ctt same in accordance with law.

7. As a sequel thereto, miscellaneous petitions, i shall stand closed. There shall be no order as to cost; ASS': I r' ,TRUE COPY// i \ I \ 1 . The Secretary, Union of lndia, Ministry of External afiai-r lndia New Delhi. 2 The Regional Passpo( Officer, RPO, Hyderabad. D. N'r Kummaiaguda, Secunderabad-500003

3. One CC to SRl. S SYAMSUNDER RAO' Advocate [Ol) 4 C)ne CC to SRl. PULIMAMIDI SHASHIDHAR REDDY, a

5. Two CD CoPies Bl\/ GJP \qr- the Courl :oncludinE 'idavit, the me to the from. y of the )fficer for Passporl d by the t2) weeks ner shall .No.35 of ' to file an l'sslon fo rcider the any, pending SD/. C. DEEPIKA TANT REGISTRAR ISECTION OFFICER { Government of 8-2-2151o 219 lcl lvocate [OPUC] To, t \

HIGH COURT DATED:1 111212025

ORDER

DISPOSING OF THE WRIT PETITION WITHOUT COSTS WP.No.26026 of 2025 {-ccqre' " ' \i- \6 z1 < -;o\xt'