Citation : 2025 Latest Caselaw 6854 Tel
Judgement Date : 3 December, 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.29948 of 2025
03.12.2025
Between:
Manasani Krishna Kishore
...Petitioner
AND
Union of India & two others
...Respondents
ORDER:
The petitioner submitted an online Application
(No.HY2077376489725, dated 05.02.2025) seeking issuance of a
new Passport, however, the respondent - Passport Authority has
refused to issue the passport on the ground that the petitioner is
facing criminal proceedings in C.C.No.5927 of 2018 on the file of
learned VI Additional Metropolitan Magistrate Court, Ranga Reddy
at L.B.Nagar, for the offences punishable under Sections 420, 504
and 506 of IPC.
NBK,J WP_29948_2025
2. Heard Sri Praveen Bonkuri, learned counsel for petitioner and
Sri R.Mangulal, learned Standing Counsel for Central Government
for respondent No.1. Perused the record.
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.5927 of 2018 under Sections 420,
504 and 506 of IPC on the file of the learned VI Additional
Metropolitan Magistrate Court, Ranga Reddy at L.B.Nagar, is
pending against the petitioner and therefore, refusal to issue
passport as per 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.35056 of 2023, dated 02.01.2024,
and the purpose for which the passport is being requested by the
petitioner, this Court directs the respondent No.2 to renew the
passport to the petitioner on the following conditions:
i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.5927 of 2018, pending on the file of the learned VI Additional Metropolitan Magistrate Court, Ranga Reddy at L.B.Nagar., stating that he shall not leave India during pendency of the said C.C., without permission of the Court and
NBK,J WP_29948_2025
that he shall cooperate with trial Court in concluding the proceedings in the said C.C.
ii) On filing such an undertaking as well as affidavit, the trial Court shall issue a certified copy of the same within two (2) weeks therefrom;
iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Officer / Authority concerned for renewing the passport;
iv) On filing such an application, the Passport Officer/ Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for renewing of the passport, in accordance with law, within three (03) weeks from the date of said application;
v) Respondent No.2 shall consider Rule 12 of the Passport Rules, 1967 while considering the aforesaid application for submitted by the petitioner;
vi) On issuance of the passport, the petitioner herein shall deposit the same before the trial Court in C.C.No.5927 of 2018, pending on the file of the learned VI Additional Metropolitan Magistrate Court, Ranga Reddy at L.B.Nagar ,and
vii) The competent authority shall specify a permission period of one year for the petitioner to obtain a passport for travelling abroad, and shall also obtain an appropriate undertaking from the petitioner stating that they will not overstay the permitted period and will surrender the passport upon their return to India.
viii) However, liberty is granted to the petitioner herein to file an application before the learned magistrate seeking permission to travel abroad, and it is 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.
Miscellaneous petitions, if any, pending in this Writ Petition,
shall stand closed.
___________________________ NAGESH BHEEMAPAKA,J
Date:03.12.2025 dgr
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