Jadam Murali Krishna Vs the Union Government of India — Andhra Pradesh HC (2026) — LawSathi Research

Jadam Murali Krishna Vs the Union Government of India — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed on the same terms as the common order in W.P.No.5769 of 2026 and batch, dated 07.04.2026: Passport Authorities to consider and pass appropriate orders on applications for issuance/re-issuance/renewal of passports for ten (10) years under Section 10 of the Passports Act, 1967, Rule 12 of Passport Rules, 1980 and Gazette Notification GSR No.570(E), dated 25.08.1993, without reference to pending criminal proceedings, subject to the conditions set out in that order (undertaking with affidavit not to leave the country without court permission; certified copy filed before the Passport Officer; decision within two weeks; original renewed passport deposited before the trial court; travel abroad only with trial court permission). No order as to costs; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the petitioner is entitled to issuance/re-issuance/renewal of a passport for a period of ten years despite criminal proceedings pending before the concerned Courts, on the terms of the covered common order.

Court's answer

Since the subject matter of the writ petition is squarely covered by the common order in W.P.No.5769 of 2026 and batch, dated 07.04.2026, this writ petition is allowed on the same terms as that common order.

Detailed headnote1 paragraphs

Writ Petition allowed following the common order dated 07.04.2026 in W.P.No.5769 of 2026 and batch, the subject matter being squarely covered: the Passport Authorities are to consider and pass appropriate orders on applications for issuance, re-issuance or renewal of passports for ten (10) years under Section 10 of the Passports Act, 1967, Rule 12 of the Passport Rules, 1980 and the Gazette Notification GSR No.570(E), dated 25.08.1993, without reference to criminal proceedings pending before the concerned Courts, subject to conditions: (i) undertaking with affidavit that the applicant will not leave the country during pendency of criminal proceedings without permission of the courts having jurisdiction and will cooperate with the trial court; (ii) trial court to issue certified copy of the undertaking/affidavit within two weeks; (iii) certified copy to be submitted to the respondent-Passport Officer; (iv) Passport Officer to consider the application in accordance with law within two weeks; (v) original renewed passport to be deposited before the concerned trial court; (vi)-(vii) application to be made to the trial court for permission to travel abroad, to be considered in accordance with law. No order as to costs. Miscellaneous petitions, if any, stand closed. (Single Judge: Battu Devanand; Order dated 09.04.2026.)

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.30108 of 2025

ORDER: -

It is brought to the notice of this Court by both the learned counsel appearing on either side that the subject matter of this writ petition is squarely covered by the common order passed in W.P.No.5769 of 2026 and batch, dated 07.04.2026, which is as follows:

“9. Accordingly, these writ petitions are allowed with the following directions:

The Passport Authorities to consider and pass appropriate orders on the applications submitted by the petitioners for issuance of passports or re-issuance of passports or renewal of passports, for a period of ten (10) years, under Section 10 of the Passports Act, 1967 and under Rule 12 of Passport Rules, 1980 and also the Gazette Notification issued by the Central Government vide GSR No.570(E), dated 25.08.1993, without reference to the criminal proceedings pending against the petitioners before the concerned Courts, subject to the following conditions:

(i) The petitioners shall submit an undertaking, along with an affidavit affirming that he/she will not leave the country during the pendency of the criminal proceedings, pending against them without permission of the courts having jurisdiction and that he/she will cooperate with concerned trial court in concluding the proceedings.

(ii) On filing such an undertaking as well as affidavit, the concerned trial court shall issue a certified copy of the same within two (02) weeks.

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(iii) The petitioners shall submit the certified copy of the aforesaid undertaking before the respondent-Passport Officer for issuance of passport or re-issuance or renewal of his/her 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 petitioners for issuance of passport or re-issuance or renewal of his/her passport in accordance with law, within two (02) weeks from the date of said application.

(v) On renewal of the passport, the petitioners shall deposit the original renewed Passport before the concerned trial court.

(vi) The petitioners shall file an application before the concerned trial Court seeking permission to travel abroad.

(vii) The concerned trial Court shall consider the same, in accordance with law.”

Hence, following the said orders, this writ petition is allowed on the same terms.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed.

_________________________

JUSTICE BATTU DEVANAND

Date : 09.04.2026 PKR

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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W.P.No.30108 of 2025

Date: 09.04.2026

PKR