Disposed

Nermati Ravinder Reddy v. Union of India

Telangana HC23 Apr 2025WP/12314/2025

Case brief

AI extract

What is this about?

Petitioner sought reissuance of his passport for ten years despite pending criminal proceedings in a Magistrate court at Miryalaguda. The High Court disposed of the writ petition with conditions: an undertaking before the trial court, deposit of the passport with the trial court after renewal, and direction that the passport authority renew without objecting to the criminal case.

What the court decided

AI extract

Nermati Ravinder Reddy Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

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[^325s ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N,V.SHR,AVAN KUMAR

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WRIT PETITION NO: 12314 OF 2025

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Between:

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Nermati Ravinder Reddy, S/o.Bhiksham Reddy Nermati Aged about 52 Years, Occ. Agriculture, R/0.8-1-804i52, R.T.C. Colony, Nalgonda Town and District.

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...PETITIONER

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AND

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Union of lndia, Rep. by its Secretary Ministry of External Affairs, New^Delhi.

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The Regional Passport Officer, Regional Passport Office, Hyderabad^At D.No.B-2-215 to 219, Kummaraguda, Secunderabad-SOO 003.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that^{in the} circumstances stated in the affidavit filed therewith,^{theHighCourt may be pleased} to issue a writ or order more^particularly one^{in the nature of Writ of Mandamus} declaring the action of Respondent No.2 by directing^{the Petitioner to submit the} permission of the court concerned to depart from lndia in terms of GSR 570(E) or acquiftal order for further^processing of Application^{under Letter Ref. No.} OBJ/10490341 10125 DT. 29-03-2025 is highly^{illegal, arbitrary, unjustand violative} of Article 14 and 20 of the Constitution of lndia and also^{against Section6 (2) (f) of} the Pass Port Act 1967, and the^principles of^{natural justice andconsequently} directing the Respondent No.2 to reissue the^{passport under FileNo.} HYC074905435722, daLed. 26.12.2022 for a^period of^{10 years, under Section10} of Passports Act, 1967 and under Rule¹ 2 of^{PassportRules, 1980 without} reference to the criminal^{proceedingspending againstthe petitionerin} C.C.No.592i2021 at J.F.C.M. Miryalaguda,^{Nalgonda and also the Gazette} Notification issued by the Central Government vide^{GSR No.570(E) dated} 25.8.1993

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lA NO: 1 OF 2025

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Petition under Section 151 CPC^{prayingthat in the circumstances stated in} the affidavit filed in support of the^petition, the^{High Courtmaybe pleased to direct} the Respondent No.2 to reissue the Pass^{Port under File No. HYC074905435722} dt. 26-12-2022 without referring^{the criminal proceedings pending againstthe}

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.._!1-;ls ,.{-^-J1 17 petitioner in c.c r{n.592 t2021 at J.F.c.M. Miryaraguda, Nargonr:2 and arso the Gazette Notification issued by the centrar cou"inrEnt vide GSR r.{o s7o(E) dated 25.8.1993, pending drsposal of the Writ petition

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Counsel for the petitioner:SRt. R GOpl MOHAN

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9:in::lfgt^{the Respondents: Ms. N.V.R RAJYA} LAKSHMt SC REPRESENTTNG FOR SRI cADt pRAVEEN KUMAR O"prry Sof i"iiJ'cenerat of tnrlia

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE^{N.V.SHRAVAN KUMAR} Writ Petition No.^{123L4of 2O25}

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ORDER:

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The present writ^{petition is filed to declare the action} of respondent^{No.2 by directing the petitionerto submitthe} permission of the Court^{concerned to depart from India in} terms of GSR 570(E)^{oracquittal order for further} processing of application under letter Ref.No.OBJ/1049034110/25^{dated 29'O3'2025as illegal} and. arbitrary and^{consequently directrespondentNo 2 to} reissue the passport^{under File No'HYCO749O5435722} dated.26.72.2022^{for a period of 1O years withoutreference} to the crimina,l^{proceedingspending against the petitioner} in C.C.No.S92l2O2l^{at JFCM Miryalaguda, Nalgondaand} also the Gazette^{Notificationdated25.O8'1993'}

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It is the case of^{the petitionerthat petitionerwas} holding a passport^{bearing No.G1885072 and the same got} expired on 23.Ot.2O17.^{As such petitioner has made an} application for^{reissuanceof passport to respondentNo'2} on 26.12.2022. Nter^{police verification, respondentNo'2} addressed a^{letter to petitioner stating that a case in} \ \

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|:- .]:l

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C.C.No.59212021 is pending before Judicial First Class Magistrate, Miryaiguda, Nalgonda District as s Llch the application of the petitioner is rejected. Th ereafter, petitioner flled W.P.No.75O 1 of 2025 before this Court and this Court disposed of the same direciing petit ioner to submit explalation to the rejection letter issued by responder:Lt No.2 and also directed respondent au lhorities to pass :rppropriate orders after considering the explanatior. Petitioner has submitted a le,tter of expianation on 20.03.2025, considering the same respondent ),1o.2 has passed the present impugnr'd order by rejecting the application of the petitioner ald advised to submit perrrLission of the Court concerned to dep;rrt from India. Cl-ra1lr:nging the same, the present '"r.rit pe -ition is fi1ed.

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3 . To<lay when the matter is taken up for . rearing, learned cor-ritsel for the petitioner would submit that in similar circups12n6"", this Court has dispc,sed of W.P.No.341r>5 of 2024 dated 05.12.2024 by irnposing certain conclitions.

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Learned counsel for the^{petitioner pray this Court} to pass similar order.

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Ms.N.V.R.Rajya Lakshmi, learned^{standingcounsel} for Mr.Gadi Praveen Kumar, Dy. Solicitor^{General of India} appearing on behalf of respondents^{reportedno objection} in passing similar orders.

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Having considered the submissions^{made by the} learned counsel on either side and^{with their consent,this} writ petition is disposed of^with the^{following conditions:}

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(il The petitioner shall submit^an undertaking along with an aflidavit before the JFCM,^Miryalaguda, Nalgonda, in C.C.No.592^of2021, stating that the^{petitioner will not leave} India during pendency^of the^{said C.C.} without permission of the Court^and the petitioner will^{cooperate with the} Trial Court in concluding^{the criminal} proceedings.

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(ii)

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The Trial Court shall issue^{a certihed} copy of the undertaking^{along with an} affidavit within Two^{(2) weeksfrom the} date of frling of the undertaking.

(iii)

(iu)

(")

(vi)

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The petitioner shall submit^{t he} aforesz'Lid certified copy of the the undertaking along with t he reply/ expianation before concerned Passport Officer^lbr consideration of his application^lbr renewal of passport.

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The Passport Authority shal1 consic:.er the documents in the light of t he observations made by the Court as weli as the undertaking and otl: er documents filed by the petitioner. The petjtioner.Slaall also be at liberty to r':Iy on the decisions in this regard.

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The Passport authority is directed to renew the passport of the petitiorer without raising the objection relati ng to the pendency of the crimir Lal proceedings before the Trial Court.

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The petitioner shall deposit the original passport before the JFCM, Miryalaguda, Nalgonda, in C.C. No.5'12 of 2021, after renewal of the passport-.

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The petitioner shall be at liberty to lile an application before the JFC \4,

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Miryalaguda, Nalgonda, in C'C.^No.592 of 2021, seeking permission to^travel outside India. The JFCM,

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Miryalaguda, Nalgonda, shall consider the same in accordance with law.

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Recording the above said submission,^{writ petition} is disposed of, accordingly.

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Miscellaneous petitions, pending,^{if any, shall stand}

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closed. However, there shall^{be no order as to costs.}

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SD/-K. SREE RAMA MURTHY EPUTY REGIS

//TRUE COPY//

SECTION OFFICER

To,

The Secretary Union of lndia, Ministry of External A a irs, New Delhi.

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The Regional Passport Officer, Regional Passport Office, Hyderabad At

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. D.No.8-2-2l5to2l9,Kummaraguda,Secunderabad-s0O003.

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One CC to SRl. R GOPI MOHAN Advocate [OPUC]

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One CC to SRl. GADI PRAVEEN KUMAR Deputy Solicitor General of lndia loPUCl

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Two CD Copies KKS BS Y-Y

CC TODAY

HIGH COURT

DATED:2310412025

ORDER

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WP.No.12314 of 2025

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DISPOSING THE WRIT PETITION WITHOUT COSTS

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da X

Nermati Ravinder Reddy v. Union of India

Case brief

What is this about?

What the court decided

Nermati Ravinder Reddy v. Union of India

Case brief

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