Telangana High Court
Srinivas Rao Chinthapally vs The Union Of India on 20 June, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.17060 OF 2025
ORDER:
The Writ Petition is filed, under Article 226 of the
Constitution of India, seeking the following relief:
"...pleased to issue an appropriate writ, order or directions more
particularly one in the nature of writ of Mandamus, declaring the
action of the respondents more particularly the respondent No.2
herein, in issuing objections vide letter dated 09/12/2024 in
reference to the petitioner's passport application Number
HY7067110152524 dated 12/11/2024 by mentioning
shortcomings that "A Criminal Case is pending against you
petitioner as per Police Verification Report", the applicant involved
in Cr. No.337/2024, C.C.No. 3018/2024 U/s. 324 r/w. 34 I.P.C.
LB Nagar, PDJ Court present stage PT "as illegal, arbitrary and
false and without proper verification of concerned case records
and contrary to the well settled law and also amounts to violation
of Articles of Constitution of India and principles of natural
justice and set aside the same, as the petitioner is neither
involved nor an accused in the said case and consequently direct
the respondents more particularly the respondent No.2 to issue
new passport in reference to the petitioner's passport application
No.HY7067110152524, dated 12.11.2024 forthwith and pass..."
2. Considered the submissions of the learned counsel for the
respective parties and with their consent, this writ petition is
being disposed of at the admission stage.
3. Mr. Bethi Venkateshwarlu, learned counsel appearing for
the petitioner has placed before this Court the case status
information, wherein the petitioner's name was not arrayed as
accused in C.C.No.3018 of 2024 on the file of the Court of the
PDJ, L.B.Nagar. It is stated that the respondents, without
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W.P.No.17060 OF 2025
properly verifying the record, placed reliance on the police
verification report and rejected the application submitted by the
petitioner.
4. Ms. Archana, learned counsel representing
Sri Gadi Praveen Kumar, learned Deputy Solicitor General of
India appearing for respondent Nos.1 and 2, submits that the
Crime number was mistakenly mentioned as 337 of 2024
instead of 257 of 2018 in the impugned rejection order dated
09.12.2024. In fact, as per the information furnished by the
police, the petitioner was involved in Crime No.257 of 2018
under Sections 147, 353 and 341 read with 149 of I.P.C. of
Vemulawada Town Police Station and C.C.No.69 of 2019 is
pending on the file of JFCM Court, Vemulawada.
5. Since the impugned rejection order, dated 09.12.2024,
does not contain the correct particulars of the pending cases
and the rejection of the application submitted by the petitioner
is solely based on the crime registered in C.C.No.3018 of 2024
to which the petitioner is not at all concerned nor he was
arrayed as an accused, this Court is of the view that the ends of
justice would be met if the impugned rejection order dated
09.12.2024 is set aside by permitting the petitioner to make a
fresh application by furnishing all the required information, in
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W.P.No.17060 OF 2025
terms of the provisions of the Passports Act, 1967 and the Rules
made thereunder. In the event of such application being
submitted by the petitioner, respondent No.2- Regional Passport
Officer, Hyderabad is directed to examine and consider the same
in accordance with law duly taking into consideration various
judgments passed by this Court and the Hon'ble Apex Court,
wherein it is held that mere pendency of the criminal cases does
not take away the right of the citizens for issuing passport.
6. Recording the said submissions, this writ petition is
disposed of. No Costs.
Consequently, miscellaneous applications, if any, pending
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
20.06.2025
EDS
