Telangana High Court
Bonala Shiva vs Union Of India on 19 November, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.31343 OF 2025
ORDER:
The Writ Petition is filed challenging the inaction of
respondent No.2 in not issuing fresh passport to the petitioner in
pursuant to his File No.HY7065388161225, dated 24.07.2025, on
the ground of pending criminal proceedings in C.C.No.1161 of 2021
on the file of the Judicial Magistrate of First Class, Vemulawada,
Rajanna Sircilla District.
2. Heard Sri Shaik Shareef, learned counsel for the petitioner;
learned Standing Counsel for the Central Government, for
respondent Nos.1 and 2 and learned Government Pleader for
Home, for respondent Nos.3 and 4. 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.2422 of 2024, dated 26.02.2024.
4. Learned Standing Counsel for respondent Nos.1 and 2
submits that criminal case vide C.C.No.1161 of 2021 on the file of
the Judicial Magistrate of First Class, Vemulawada, Rajanna
Sircilla District, is pending against the petitioner. It is submitted
that the respondent authorities would consider the petitioner's
application for a period of one year only, if he obtains permission to
travel abroad from the court where the criminal cases are pending
against him.
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 respondent No.2 to issue fresh
passport to the petitioner on the following conditions:
i) The petitioner herein shall submit an undertaking along
with an affidavit in C.C.No.1161 of 2021, pending on the file of
the Judicial Magistrate of First Class, Vemulawada, Rajanna
Sircilla District, stating that he shall not leave India during
pendency of the said C.C., without permission of the trial Court
and 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 issuing 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 issuing the 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.
vi) 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.
vii) The competent authority shall specify the permission
period of one year for the petitioner to retain the passport for
travelling abroad, and also obtain appropriate undertaking from
the petitioner stating that the petitioner shall not overstay the
permitted period and shall surrender the passport upon return to
India.
viii) Any other condition as deemed appropriate by the
trial Court.
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:19.11.2025
Myk
