Jandhyala Kumar Swamy, Vs The Union of India

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or directions, more particularly one in the nature of Writ of Mandamus by declaring the actions of 2nd respondent herein in not renewing the passport of the petitioner issued vide passport bearing no M0934341 on the pretext of pendency crime i.e., in CC. No. 89 of 2024 , dated 18.01.2024 on the file of Hon’ble Metropolitan Magistrate Cum Principal JR. Civil Judge, Vijayawada, N.T.R District in Crime No.269/2015 on the file of the Ajith Singh Nagar Police Station, Vijayawada, N.T.R District as illegal, arbitrary, in violation of principles of Natural Justice, contrary to the provisions of the Passport

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Act 1967, the Passport Rules 1980 and also in violation of Article 14, 15, 19 and 21 of the Constitution of India and consequentially direct the 2nd and 3rd respondents to renew the petitioners passport bearing no. M0934341 without referring to pending crimes i.e., in CC. No. 89 of 2024 , dated 18.01.2024 on the file of Hon’ble Metropolitan Magistrate Cum Principal JR. Civil Judge, Vijayawada, N.T.R District in Crime No.269/2015 on the file of the Ajith Singh Nagar Police Station, Vijayawada, N.T.R District and pass such

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 2nd respondent to consider the renewal of the petitioner’s passport bearing no. M0934341 without referring to pending crimes i.e., in CC. No. 89 of 2024 , dated 18.01.2024 on the file of Hon’ble Metropolitan Magistrate Cum Principal JR. Civil Judge, Vijayawada, N.T.R District in Crime No.269/2015 on the file of the Ajith Singh Nagar Police Station, Vijayawada, N.T.R District, Pending disposal of Writ Petition, and to pass such

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Counsel for the Petitioner:

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1.T V P SAI VIHARI

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Counsel for the Respondent(S):

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1.KAMINI VENKATESWARLU (CENTRAL GOVT COUNSEL)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.3999 of 2026

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ORDER: -

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It is brought to the notice of this Court by both the learned counsel 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:

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

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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:

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(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.

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(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.

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(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.

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

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

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

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