Ambareesh Jonnavittula Vs The Union of India — Dowry and Cruelty | Telangana HC (2025)

Ambareesh Jonnavittula Vs The Union of India — Dowry and Cruelty | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondent authorities to consider the petitioner's case and take steps for release of his passport in due compliance with the Supreme Court's findings in Vangala Kasturi Nangacharyulu v. CBI; Passport Authority to issue the passport without raising the objection of pendency of criminal proceedings, subject to undertakings/affidavit before the trial Magistrates, submission of certified copies, deposit of the original passport, and liberty to seek travel permission from the Magistrates; miscellaneous petitions, if any, closed; no order as to costs.

Issue for consideration

Whether the action of respondent No.2 (Regional Passport Officer) in refusing passport services to the petitioner on account of pendency of criminal cases against him, and imposing the condition that his application be reconsidered only if he obtains permission to travel abroad from the court where the criminal case is pending, is illegal, arbitrary and in violation of the petitioner's rights under the Constitution of India; and consequently whether the order dated 04.03.2025 should be set aside and the 2nd respondent directed to re-issue the passport.

Court's answer

The writ petition is disposed of with a direction to the respondent authorities to consider the petitioner's case and take steps for release of his passport in due compliance with the findings of the Hon'ble Supreme Court in Vangala Kasturi Nangacharyulu v. Central Bureau of Investigation.

Ratio / Principle

Condition (i): The petitioner shall submit an undertaking along with an affidavit before the VI Additional Metropolitan Magistrate, Medchal-Malkajgiri District at L.B. Nagar (C.C.No.973 of 2024) and the V Additional Metropolitan Magistrate, Medchal-Malkajgiri District at L.B. Nagar (C.C.No.1550 of 2024), stating that he will not leave India during pendency of the said C.C.s without permission of the Court and will cooperate with the Trial Court in concluding the criminal proceedings; the Trial Courts shall issue certified copies within two weeks, which the petitioner shall submit before the concerned Passport Officer along with his reply/explanation for consideration of his application.

Key takeaways

The Passport Authority is directed to issue the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Courts.ratio¶48
Condition (v): The petitioner shall deposit the original passport before the VI Additional Metropolitan Magistrate in C.C.No.973 of 2024 and intimate the same to the V Additional Metropolitan Magistrate in C.C.No.1550 of 2024; if acquitted in C.C.No.973 of 2024, he shall deposit the original passport before the V Additional Metropolitan Magistrate in C.C.No.1550 of 2024.ratio¶49

Detailed headnote1 paragraphs

Telangana High Court (N.V. Shravan Kumar, J.) disposed of, at the admission stage with consent of parties, a writ petition under Article 226 by a 32-year-old data analyst whose passport re-issue application (No.Hy1077405580325) was refused by the Regional Passport Officer, Secunderabad, vide letter dated 04.03.2025 owing to pendency of criminal cases — C.C.No.973 of 2024 and C.C.No.1550 of 2024 before the VI and V Additional Metropolitan Magistrates, Medchal-Malkajgiri District at L.B. Nagar (adverse police verification report citing Crime No.94 under Section 498-A IPC and Sections 3 and 4, Dowry Prohibition Act) — together with a condition that the application be reconsidered only if the petitioner obtained travel permission from the trial court. Following the Supreme Court's decision in Vangala Kasturi Nangacharyulu v. Central Bureau of Investigation, the Court directed: (i) undertaking-cum-affidavit before both Magistrates not to leave India without permission and to cooperate with the trial; (ii) certified copies thereof within two weeks to be furnished to the Passport Authority; (iii) the Passport Authority to issue the passport without raising the pendency objection; (iv) deposit of the original passport before the Magistrates; and (v) liberty to apply for travel permission, to be considered in accordance with law. Miscellaneous petitions closed; no costs.

HIGH COURT FOR THE STATE OF TFt ar\rcArr^ ^i rsp.ai 6lE r35 l:l3li;,fli^{Ar HYDE RABAD}

TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND rWCrVri rVC'

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO:11953 oF 2025

Between:

Ambareesh Jonnavittula. S/o pitehayya Sastry Jonnavittula, Age. 32 years, Occ. D€taAnalyst, R/o. H.No.B-401,4th Ft#;5rtji6i"lii, Habsisuda, Hyderabad TS _

AND

...PETITIONER

delhiTh-e Union of India, Ivlinistry of External Affairs, Rep by its Secretary New

The Regional passport Officer, D.No.8-2-215 to 219, Kummariguda, Secunderabad, Telangana_03

...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit riteo *rerewitn, the High court may be pleased to issue a writ order or direction ,or" pr.ti"rtrrry one in the nature of writ of N/andamus to decrare the action or re zna respondent in refusing passport services to the petitioner Apprication No. Hy1077405580325 vide Letter Ref.No. HY1O774OSSB0325 dated 04.03.2025 otr criminar "r."r, "nd-irp":i"s condition,n",, oJi,iiilriltrJJ,,iril"X"l"J # reconsidered onry if he obtain permission to traver abroad fro m the same Honourabre court where the criminar case is p"noing as .^{iregar and arbitrary} apart from being in vioration of the rights of the peitio; ,ro"#oii.i", ii,"rn and 21 of the Constitution- of India ,nd "on."qr"ntty set aside the order dated 04.O3.2025 in Apptication No. Hy10774055803i; ,rO Oir".i,i" ;;;;.;"il;", to re-issue passport to the petitioner.

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IA NO:^'l oF²⁰²¹ⁱ

Petition^{utrd a- I t;ction1 5'1 CPC praying that in the circ unrs tances stated} intheaffidavitfiledilsupportofthepetition,theHigh(joUrln]..ybepleased pleased to direcl^{ther i1 rd respondentto re-issue his passp:rt v/itho Jt NOC of the} courtwherecrirlirta(asesarependingforthwith,pendirlgd]spl;alofthewrit petition.

Counsel^{for the Petitir'ner: SRI' SINGIREDDI SRIDHAR} Counsel for^{the RespondentNos' 1 & 2 : GADIPRAVEIEN KLlt\rlAR' DEPUTY} SOLICITOR^{GENERAI. OF INDIA}

The Court made^{the 1'r'llowing: ORDER}

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HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITIONNo .17953 of 2025

ORDER:

Heard learned counsel for the petitioner and Ms.N.V.R.Rajya Lakshmi, iearned standing counsel appearing on behaif of respondents. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself

This writ petition is filed seeking the following prayer:_

"to declare the nrtion of the 2ilt respondent in refusing passport seru.tices to tlte^petitioner Application No.Hy707740SSSOSZS^'oid, Letter Ref.No.l1y10t7405ii0325 riated 04.03.2025 on account of pendency of criminnl cases nnd imposing conrlition that petitioners application to be reconsidered only if he.obtain permission to traael abroad from the same Honourabli court tuhere tru criminal case is pending ights of as the illegal and arbitrary^petitioner under npart ' Articles from ru, being ig in and oiolation of Zt of tnethe Con;_Litution of lndin antl consequently set asirle the order dnted 04.03.2025 in Application No.Hy1077i0SS8032S and direct the 2,d respondent to reissue passport to the petitioner.,,

Brief facts in this writ petition are that the petitioner,s marriage was solemnized on 77.05.2022 ancr thereafter some disputes arose between the petitioner and his wife and his wife filed C.C.No.9 73 of 2024 before vl Additional Metropolitan Magistrate, Medchal_Malkajgiri Distric! at L.B Nagar and CC.No.1550 of 202 ^t before the V Additional Metropolitan Magistrate, Meclchal-Malkajgiri District, at L.B Nagar.

Learned counsel for the petitioner submits that the petitioner had lost his passport and the petitioner urrle application No.FIy10774055g0325 dated

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1,4.02.2(Y,'.) 1' r,i applied^{for re-issuanceof passporl.Thcl't a'ter,respondent} No.2 isr,rrr::cl L, tter zride^{referenceNo.HY10774055 3032 cd rted 04 03 2025,} wherein it i. ;.atcd that^{as per the adversepolice} "criiicati^{rn report, crime} No.94 o 10,, is legistered^{underSection 498-4IPr'l anr] llt ction 3 and 4 of} DowrY^rrol' i : Ltion Act^{against the petitioner and .lirec tel.l lhe petitioner to} obtain ;^r:r't'rL';r ion to travel^{abroadfrom the courtit'hcrct1 e criminalcases} are pentlir g

Loa.n-cr counsel for the^{petitionersubmitstl at rr l-rilc deahng with the} similar :ir:r. r^. !rtarlces, this^{Court arde orderdated 0 7.U.l.2011: hatl disposed of} the w.F.No li]52 0f^{2025 withcertain conditions ar"d Icarr,elcr--runselfor the} petitiorrer'^'urthcr pray this^{Court to pass similarorrl"r as passed in} W.P.Nc.1r)3,;2 :l2025.

[,,-','rrrl Stanciing counsel^{appearing on bt'half of r :spondent Nos l} and 2 rr:1,:rr i^r I no objection^{in passingsimilarorders.}

,\cr:t,r-,linglv, this writ^{petitionis disposc-t. ol rf it I a direction to} respor.Lrlent ar thorities to^{considerthe case of the} P(,titioncr^{i nci take steps for} release .,: lL⁽ passport^{in due compliance of thef inrlinq; ot the Hon'ble} Suprclr L,:^(r t lt in the case of^{Vangala Kasturi flangach.a} ryulu^{v. Central} Bureau ol' Trr estigationl. The directions^{are as foll, r'n's:}

li) Tl're petitioner shall submit an utLder.akir g along with an affidavit before the VI Additional McrroPolitan Magistrate,

'2020^{t,. L.J.: r r5r2} :

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Medchal-Malkajgiri District, ar L.B Nagar, in C.C.No.9Z3 of 2024 and V Additional Metropolitan Magistrate, Medchal_ Malkajgiri Districr, at L.B Nagar, in C.C.No.1550 of 2024, stating that the petitioner will not leave India during pendency of the said C.C,s. without permission of the Court and the petitioner will cooperate wiih the Trial Court in concluding the criminal proceedings.

(i0

(iii)

(i")

The Trial Courts shall issue a certifiecl copy of the undertaking along with a certified copy of Affidavit fited in C.C.Nos.973 and 1550 o( 2024 within Two (2) weeks from the date of filing of the same.

The pedtioner shall submit thc certified copies of the aforesaid undertakings and Affidavit along with the reply/explanation before the concerned passport Officer for consideration of his application for issuance of passport. The Passport Authority shall consider the documents in the light of the observations macie by the Court as weli as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisioru in this regard.

(")

The Passport authority is directed to issue the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Triai Courts.

("1) The petibioner shall deposit the original passport before VI Additional Metropolitan Magistrate, Medchal_Malkajgiri District, at L.B Nagar, in C.C.No.973 of 2024 and intimate the same to the V Additional Metropolitan Magistrate,

.a"

:24:t

N{cdchal-Malkaigiri District,^{at L.B lrraga ', irr 1.C.No.1550of} 2C24. It is made cleai that if^{the p"titicrrcrris acquitted in} C-.C.No.973 of^{2024, he shalldepos t thcI rr girral passPort} before the V Additional^{Metropolit;rrrNlagisrate, Medchal-} N'lalkaigiri Dishict,^{at L.B Nagar, in ( I C l.o I} '50^{of 2024'}

(,'^j) Thc petitioner shall be at^{liberty to frlearr ap:rlicationbefore} the VI Additional Metropolitan^{Nla gi: t akr, Medchal-} Malkajgiri District, at L.B Nagar,^{in C.CNLr' )73 of 2024 and} V Additional Metropolitan^{Magishrte, Ift rc' clial-Malkajgiri} District, at L.B Nagar, h^{C.C.Nc,.155Jo1 2024,seeking} pcrmission to travel outside^{Indirr. I'hr Vl Additional} lvletropolitan Magistrate,^{Medchal-1,4a1k iig';iri Distlict, at L B} Nagar and V Additional Mctropolit,rn^{\1.r;',i tlatt', N4edchal-} Malkajgiri District, at L.B Nagar,^{sl,all con;j} -lel^{the same in} accordance with law.

Reccu <linr thc above^{saidsubmission,writ} l^{etiliolr s disposedof,} accordinl;i''

\ s,r(, lir nl'ous petitions,^{pending, if any, shalsta rtl c oscd Holvever,} the.re sh,rLI b, r^I order^{as to costs.}

To

The Secrelarl,^{Unionof lndia, Ministry of ExternalAll'airs N':'v Delhi'} I 2. The Re^,oior zrl^{Passport offi""t,b ruo 8-2-215 to 2lgKummariguda'} I Secunderabitrl^Telangana-03

One CCto^{r:;li' SINGIREDDI SRIDHAR,AdvocatelOPJCl}

one CC tc; S tl ' GADI^{PRAVEEN KUMAR,Deputy l]olicito-3eneralof lndia'} loPUCl

Two CD C()[] i,.',i.

One Spir.e⁽ o,,y.

JS .t KKS

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HIGH COUR.T

DATED i^22104,2025

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ORDER

WP.No. 1195:l^{ot 2025}

DISPOSING LIF THE WRIT PETITION
WITHOUTCOSTS
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