Telangana High Court
Keesara Vikram Reddy vs The Union Of India on 13 February, 2025
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
Writ Petition No.4089 of 2025
Order:
Petitioner filed this writ petition for the following
relief:
"... to issue a writ, order or direction,
particularly one in the nature of Writ of
Mandamus, declaring the action of the 2nd
respondent herein in not renewing the passport
bearing No M6348220 belong to the 1st
petitioner herein pursuant to the passport
application No.HY8077155485124 dated
27.11.2024 and passport application
No.M6348161 belong to the 2nd petitioner
pursuant to the passport application
No.HY8077155530524 dated 27.11.2024 on the
ground that both the petitioners involved in
IPC and section 3(1)(x) SC/ST PO Act vide
PRC.No.527 of 2010, correct PRC.No.2 of
2017, pending on the file of III Addl. Judicial
First Class Magistrate, Hanumakonda, as illegal,
arbitrary and violation of Article 21 of the
Constitution of India and contrary to Passport
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Act, 1967 and consequently direct the
respondents to consider passport application
No.HY8077155485124 dated 27.11.2024
belong to the 1st petitioner and passport
application No HY8077155530524 dated
27.11.2024 belong to the 2nd petitioner, for
renewal of above pass ports of the petitioners
without reference to the pendency of criminal
case and pass such other order or orders may
deem fit and proper in the circumstances of the
case."
2. Heard Mr. A.Prabhakar Rao, learned counsel for the
petitioner and Mr. A.S.Vasudevan, learned counsel for
respondents No.1 and 2. With their consent, the writ
petition is disposed of at the stage of admission.
3. Learned counsel for the petitioner submits that the
issue raised in this writ petition is squarely covered by the
judgment of this Court reported in Mohammed Tahsen v.
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Union of India rep. by its Principal Secretary, Ministry
of External Affairs South Block, New Delhi 1.
4. Learned counsel for the respondents submits that on
the very same conditions imposed by this Court in the above
said judgment, this writ petition be disposed of.
5. In view of aforesaid submissions, this Writ Petition is
disposed of directing the respondents-authorities to consider
the application submitted by the petitioner vide File
No.HY8077155485124, dated 27.11.2024 seeking to renew
his passport bearing No.M6348220, subject to the following
conditions:
i) The petitioner herein shall submit an
undertaking along with an affidavit in
connection with Crime.No.143 of 2020, which
is numbered as P.R.C.No.2 of 2027 stating that
he will not leave India during pendency of the
said crime without permission of the Court and
2025 (1) ALT (Crl.) 11 (T.S.)
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that he will co-operate with trial Court in
concluding the proceedings in the said crime.;
ii) On filing such an undertaking as well as
affidavit, the trial Court shall issue a certified
copy of the same within two (02) weeks
therefrom;
iii) The petitioner herein shall submit certified
copy of aforesaid undertaking before the
Respondent Passport Officer for renewal of his
passport;
iv) The Respondent-Passport Officer shall
consider the said application in the light of the
observations made by this Court herein as well
as the contents of the undertaking given by the
petitioner for renewal of his passport in
accordance with law, within two (03) weeks
from the date of said application;
v) On renewal of the Passport, the petitioner
herein shall deposit the original renewed
Passport before the trial Court in connection
with Crime.No.143 of 2020, which is numbered
as P.R.C.No.2 of 2027 ; and
vi) However, liberty is granted to the petitioner
herein to file an application before the trial
Court seeking permission to travel aboard and
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it is for the trial Court to consider the same in
accordance with law.
As a sequel, miscellaneous petitions, pending if any,
stand closed. There shall be no order as to costs.
___________________
J.SREENIVAS RAO, J
Date: 13.02.2025
Note:
CC in three days.
B/o
LUR
