Telangana High Court
Potu Thirupathi Reddy vs The Union Of India on 13 August, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.23077 of 2025
ORDER:
This Writ Petition is filed being aggrieved by the action of
respondent Nos.3 and 4 in not issuing passports to the petitioners
by renewing their applications vide application
Nos.HY75C50535733 and HY75C5053566122 dated 23.07.2022
on the ground of pendency of CC.No.3941 of 2021 for the offences
under sections 498-A, 506 of Indian Penal Code (IPC) and sections
3 and 4 of Dowry Prohibition Act, 1961, which is pending before
the II Additional Junior Civil Judge-cum-XIX Metropolitan
Magistrate, Kukatpally, Hyderabad is illegal and arbitrary and
consequently direct respondent Nos.3 and 4 to renew the
passports of the petitioners without reference to the pending CC
No.3941 of 2021.
2. Sri M.V. Hanumantha Rao, learned counsel for the
petitioners submitted that the issue raised in this writ petition is
no longer res integra in view of the order, dated 14.03.2024
passed by this Court in W.P.No.2802 of 2024, wherein this Court,
relying upon the guidelines issued by the Hon'ble Apex Court as
well as this Court in various judgments, where the passports are
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pending on the ground of registration of criminal cases, held that
pendency of criminal cases is not a ground to refuse the passport.
3. Smt. B. Kavitha Yadav, learned Standing Counsel for
Central Government, for respondent Nos.1 to 3 has not disputed
the said fact and stated that the present case is covered by the
orders passed by this Court in W.P.No.2802 of 2024.
4. In view of the aforesaid submissions, this Court deems it
appropriate to dispose of the writ petition in terms of the order
passed by this Court in W.P.No.2802 of 2024, dated 14.03.2024
and the respondents are directed to consider the petitioner's
application Nos.HY75C50535733 and HY75C5053566122 dated
23.07.2022 by following the procedure contemplated under
Section 6 (2) (f) of the Passports Act, 1967 and the Rules made
thereunder, subject to the following conditions:-
1. The petitioners shall submit an undertaking, along with an
affidavit in C.C.No.3941 of 2021 on the file of the
II Additional Junior Civil Judge-cum-XIX Metropolitan
Magistrate, Kukatpally, Hyderabad stating that they will not
leave India during pendency of the said case without
permission of the Court and that they will cooperate with
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the trial Court in concluding the proceedings in the said
case.
2. On filing of such an undertaking as well as affidavit, the
trial Court shall issue a certified copy of the same to the
petitioners within a period of two (02) weeks therefrom.
3. The petitioners shall submit certified copy of the aforesaid
undertaking before the Passport Officer for issuance of their
passports and the Passport Officer shall consider the
application Nos.HY75C50535733 and HY75C5053566122
dated 23.07.2022 submitted by the petitioners in
accordance with law, within two (02) weeks from the date of
submission of such undertaking.
4. On issuance of passports, the petitioners shall deposit the
same before the trial Court in C.C.No.3941 of 2021 on the
file of the II Additional Junior Civil Judge-cum-XIX
Metropolitan Magistrate, Kukatpally, Hyderabad. However,
liberty is granted to the petitioners to file an application
before the trial Court seeking permission to travel abroad
and it is for the trial Court to consider the same in
accordance with law.
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5. Accordingly, this Writ Petition is disposed of. There shall be
no order as to costs.
Miscellaneous applications, if any pending, shall stand
closed.
____________________________
NAGESH BHEEMAPAKA, J
Date: 13.08.2025
Note:
Issue C.C. today.
B/o.
myk
