Telangana High Court
Satkuri Srishilam vs Union Of India on 3 September, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.24690 of 2025
ORDER:
The petitioner submitted an Online Application
(No.HY75C5898368925 dated 27.12.2024) 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.270 of 2017 on the file of Judicial Magistrate of
First Class, Bellampalli, for the offences punishable under Sections 294-B,
509, 506, read with 34 IPC.
2. Heard Mr. K. Vishnu Kanth, learned counsel for the petitioner; and
learned Standing Counsel for the Central Government. Perused the record.
3. Learned counsel for the petitioner submits that merely the petitioner
arrayed as accused in a criminal case cannot be a ground for denial of
passport. He relies on the judgment of this Court in W.P.No.59 of 2015 and
batch, dated 04.09.2015.
4. Learned Standing Counsel submits that there is a pending criminal
case against the petitioner and therefore refusal to issue passport as per
Rules cannot be said to be illegal.
5. Having considered the respective submissions and perused the
record, the judgment in W.P.No.59 of 2015, dated 04.09.2015, relates to
appointment of fair price shop dealers, and not applicable to the
circumstances posed by the fact situation in the present case.
6. 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, this Court
directs the respondent No.2to consider the Online Application filed by the
petitioner for issuance of passport on the following conditions:-
i) The petitioner herein shall submit an undertaking along with
an affidavit in C.C.No.270 of 2017, pending on the file of Judicial
Magistrate of First Class, Bellampalli, stating that he shall not leave
India during pendency of the said C.C., without permission of the 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 renewal of
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 issuance of 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 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.270 of 2017 pending
on the file of Judicial Magistrate of First Class, Bellampalli; and
vii) However, liberty is granted to the petitioner herein to file an
application before the leaned Magistrate seeking permission to travel
abroad, and it is for the learned Magistrate to consider the same in
accordance with law.
7. Accordingly, the writ petition is disposed of. No costs.
Miscellaneous petitions, if any pending, shall stand closed.
________________________________
JUSTICE NAGESH BHEEMAPAKA
03rd September, 2025
Note: Issue C.C. today
Myk/ksm
