Telangana High Court

WP/28018/2025 of Mr. Suresh Prasad Singh Vs Union of India on 10 December 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 28018 OF 2025 Mr. Suresh Prasad Singh, S/o. Rama Krishna Prasad

[ 33oo I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(SPecial Original Jurisdiction)

WEDNESDAY, THE TENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 28018 OF 2025

Mr. Suresh Prasad Singh, S/o. Rama Krishna Prasad singh,-Aged 3po1t 52, years, O"" ;aEb, B4B lT Sof,itions R/o. H.No. 3122, BHEL, MIGH, Phase-lll, Ramchandra Puram, Hyderabad.

.....PETITIONER

Between:

AND

1. Union of lndia, Ministry of ExternalAffairs, South Block, Secretariat, Raisina.

Hill, New Delhi Rep. by its Principal Secretary'

2. Regional Passport officer, o/o Regional Passpor! office, Hv{qrggfl D. No.

A-i-Zl5 to 21'g, KgmmarguOa, Selunderabail, Telangana - 500 003.

3. G. Vikram Reddy,, S/o. Ch Sudarshan Rgd{Y, ry"rtN.q'1'1203' My Home ai,6.j"; Btooive?6ity park, Hitech city, Hyderabad, Telangana.

(R3 impleaded as per court order dated 07.10.2025 in l.A.No-2t20251-

.....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 pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 in refusing to renew the Petitioners passport bearing no. P1151757 vide proceedings bearing no. Hy207 5202403025 dated 27-06-2025 on the ground of pending criminal cases as being illegal, arbitrary, unconstitutional, in violation of principles of natural justice, and contrary to the pr:ovisions of the Passports Act, 1967, and consequenly direct Respondent No.2 to renew the Petitioners passport bearing ht no. P1151757 for a period of ten (10) years without reference to the criminal CASES

!.A.NO:1 OF 2025

Petition Under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondent No.2 to consider the Petitioners application for renewal of passport'

bearing no. P1 151757 vide file no. HY2075202403025 dated 20-06-25 without reference to the criminal cases pending disposal of this writ petition.

Counsel for the Petitioner : SRI SYED MOUNIS JAFER ABIDI

Counsel for the Respondents : SRI ANGOTHU NEHRU (SC FOR CENTRAL

GOVT)

The Court made the following ORDER

I

I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

Dated:10.12.2O25

Between:

Mr.Suresh Prasad Singh,

S/o.Rma Krishna Prasad Singh,

R/o.Hyderabad.

...Petitioner

AND

Union of lndia & 2 others

...Respondents

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ORDER:

1. This Writ Petition is filed declaring the action of respondent Nol2 in refusing to renew the petitioner's Passport bearing No.P1151757 vide proceedings bearing No.HY20752O2403025, dated 27.06.2025 on the ground of pending criminat cases as illegal and arbitrary and consequently direct the respondent No.2 to renew the petitioner's Passport bearing No.P1 151757 for a period of 10 years without reference to the criminal cases t

NEKJ ltrp_2E0lE_2025

2. Heard Mr.S.Mounis Abidi, learned counsel for the petitioner and Sri Angothu Nehru, learned Standing Counsel appearing for respondent Nos.1 & 2

3. Learned counsel for the petitioner Submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this Court in W.P.No.24690 of 2025, dated 03.09.2025.

4. Learned Standing Counsel for Central Government submits that a criminal case vide C.C.No.1522 of 2024, registered for the offences punishable under Sections 406, 42O, 418 and 156(3) of lPC, is pending on the file of the learned X Additional Judicial Magistrate of First Class, Hyderabad, against the petitioner and therefore, refusal to issue passport as per the Passport Rules cannot be said to be illegal.

5. Be that as it may, considering the judgment of the coordinate Bench of this court in w.P.No.3s0s6 of 2023, dated 02.01.2024 and the purpose for which the passport is being requested by the petitioner, this Court directs respondent No.2 to issue the passport to the petitinn€r on the following conditions: : iI II I

NEKJ Wp_2Ult_2025

i) The petitioner herein shall submit an undertaking atong with an affidavit in c.c.No. 1s22 of 2024, on the fite of the learned x Additional Judicial Magistrate of First c/asg Hyderabad, stating that he shall not leave tndia during pendency of the sard C. C. without permission of the Court and that he shatt cooperate with trial court in conctuding the proceedings,n the said C.C.

ii) On filing such an undertaking as well as affidavit, the Triat Court shallissue a certified copy of the same within two (2) weeks there from;

iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before fhe Passp ort Offic.er/ Authority concerned forissuance of passport;

iv) On filing such an application, the Passporf Officer/ Authority shall consider the same afresh in the light of the obseruations made by this Court herein as well as the contents of the undertaking given by the petitioner for issuance of passport, in accordance with law, within three

(03) weeks from the date of said application;

v) On issuance of the passport, the petitioner herein shall deposit the same before the trial Court in C.C.No. 1522 of 2024 ; i j i :: ] I t,II I I

NEKJ try-2Eo1E _2025

vi) However, liberty is granted to the petitioner herein to file an application before the learned Magistrate seeking permission to travel abroad and it ,s for the learned Magistrate to consider the same in accordance with law.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. .PONNA KR!SHNA REGISTRAR //TRUE COPY/ ECTION OFFICER To

1.

2.

4. loPUCl

5. Two CD Copies SA ,M,

r' d HIGH COURT DATED :1011212025 .: \-,i .t f .

ORDER

WP.No.28018 of 2025 c) C) I B lrN ?tflt f) -k ! * i) DISPOSING OF THE W.P WITHOUT COSTS.

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