Disposed

Chendu Nampally v. Union of India.

Telangana HC24 Apr 2025WP/12369/2025

Case brief

AI extract

What is this about?

Writ petition challenging a refusal letter directing the petitioner to submit acquittal orders or obtain court permission for passport renewal due to pending criminal case. Following Vangala Kasturi Rangacharyulu v. CBI, the Court directed issuance of the passport subject to conditions: undertaking and affidavit to the trial court not to leave India without permission, deposit of original passport with the trial court, and liberty to seek travel permission from that court.

What the court decided

AI extract

Chendu Nampally Vs Union of India. — Writ and Judicial Review | Telangana HC (2025)

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[³²⁵⁵¹

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

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THURSDAY, THE TWENTY FOURTH DAY OF APRIL . TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N,V.SHRAVAN KUMAR

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WRIT PETITION NO: 1 2369 0F 2025

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Between:

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chendu .Nampally, slo Rajaiah chendu, nged as years, occu: Associate vice Hresroent rn Pharma company.working in sourcing and procurement Dept., Rio Rat No.302, Usha Residency, Suchithra X-Road, Hydeiabad - 500 067

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AND

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1 U.nio.n of India., ReO, .bV !ts_ Qecrelary, Ministry of External Affairs, South Block, Secretariat, Raisin'a Hill, New Oelfri - ttO Obt.

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2 I["_ Bgg,^olg1 Passport Officer, Office of Regional passport Office, Door No.B2-215to 2019, Kummarguda, Secunderabad - 500 003, Telangana State

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...RESPONDENTS

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Petition under Article 226 of lhe CJstitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ, Order or direction more one in the nature of WRIT OF MANDAMUS declaripg the action of the respondent No.2 in issuing the impugned Refusal letter dated 17-04-2025 vide Letter No.Hy10749281s322s calling upon the petitioner herein to submit acquittal orders in c.c.No.1139 of 2015 on the file of Hon'ble ll Addi. JFCM court at Huzurabador obtain permission to depart from lndia from the same Hon'ble court where the criminal proceedings are still pending as illegal, arbitrary and violation of Article 14,21 of the constitution of lndia besides violation of principles of natural justice and consequenily .direct the

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2nd respondent^{hereirr to forthwithReissue the Passportto the petitionerin the} interests of^justice

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IA NO: 1^{OF 2025}

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Petition under section^{151 CPC praying that jn the circum''tances stated} f iled in s upport of the^{petition, the High Court may be pleasedto} in the .affidavit direct the 2!d^{responclentto forthwith Reissue the Passportto the pgtitioner} wilhout refe[ence to^{the Refusal letter dated:17110412025vide Letter} No.Hy1074928153225^{of the 2nc respondentpending disposa of the Writ} Petition^{in tho interests of} Justice.

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Counsel for the^{Petitioner:SRI T. V. RAMANA RAO}

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Counsel for the Respondent^{No.1:SRI GADI PRAVEEN KUMAR,} DEPUTY SOLICITOR GENERAL^{OF INDIA}

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Counse! fo7 the Respondent^{No.2: Ms. N.V. R. RAJYA LAKSHMI,} STANDINq COUNSEL

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The Gourt made^{the following: ORDER}

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HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.12369 of 2025

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ORDER:

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

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This writ petition is filed seeking the following prayer:-

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"to declare the action of the respondent No.2 in issuing tlu impugned Refusal letter dated 77.04.2025 oide ktter No.HY1074928153225 calhng upon the petitioner herein to submit acquittal orders in C.C No.1139 of 2015 on the fle of Hon'ble II Addl. IFCM Court at Huzurnbad or obtain permission to depart from^lndia from^{the same Hon'bleCourt uherc the ciminal} proceedings are sti pending as illegal, arbitrary and oiolation of Article 14, 21 of the Constitution of lndia besides aiolation of principles of natural justice and consequently direct the 2na respondent herein to forthzoith Reissue the Passport to the pe titioner ."

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Learned counsel for the petitioner submits that the petitioner on expiry of his passport bearing No.M8484665, had applied for rcnewal aide application Nd.HY1074928153225 dated 24.02.2025, wherein rhe petitioner had disclosed the details about the pendency of C.C.No.1139 of 2015, on the file of II Addl. JFCM Court at Huzurabad. It is further submitted that the respondent No.2 issued refusal letter dated,77.04.2025, directing the 'petitioner to submits acquittal ord.ers or obtain permission to depart ,from India from the same Court ruherein the ciminal proceeding are still pending'. Aggrieved by the same, this writ petition is filed.

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ii2.i

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Learned counsel for^{the petitioner would further submii, that while} dealing with the similar^{circumstances,this Cout aideorder date d 07 .04.2025} had disposed of^{the w.P.No.10352 of 2025 with certainconditio:rs and pray} this Court to^pass sirnilar^{orderas passed in W.P.No'10352of 2025 '}

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l-earned Standing^{counselappearing on behalfoI resporrdentNos't} and 2 reported^{no obiectionin passing similar orders.}

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Accordingll, this writ^{petition is disposedof with a} 'lirection^to respondent authorities^{to considerthecase of the petitioner and take stePsfol} release of the passport in^{due complianceof the findings of lhe Horlble} Supreme Court^jn the case^{of VangalaKasturiRangacharyultrv' Central}

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Bureau of Investigationl.^{The directionsare as follows:}

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(i) 'Ihe petitioner shall submit an undertaking al'rng with an affidavit before the II Addl. JFCM^{Court at Hr tzurabad, in} C.C.No.1139 of 2015, stating^{that the petitior rer will not} leave India during pendency of^{the said C.C. without}

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' permission of the Court and the petitioner will^cooperate r,"'ith the Trial Court in concluding^{the criminal} 1'roceedings.

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(ii) The Trial Court shall^issue a^{certified crrpy o( the} undertaking along with^{an certified copy of the Affidavit} filed in C.C.No.1139 of^{2015within Two(2) n'e':ks fromthe} date of filing of the undertaking'

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(iii) The petitioner shall submit the certified^c opy of^the aioresaid undertaking and Affidavit a1on1; with the

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I zozo cy.r.s. {sc) stz

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..?..

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rcply / explanation before the concerned passport Officer for consideration of his application for passport. (iv) The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard.

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(r) 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 Court.

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("i) The petitioner shall deposit the original passport before the the II Addl. JFCM Court at Huztrabad, in C.C.No.1139 of 2015 after issuance of the passport

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(vii) The petitioner shall be at Iiberty to file an application before the II Addl. JFCM Court at Huzurabad, seeking permission to travel outside India. The II Addl. JFCM Court at Huzurabad, shall consider the same in accordance with law.

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7 Recording the above said submission, writ petition is disposed of, accordingly.

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Miscellaneous petitions, pending, if any, shall stand closed. However,

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there shall be no order as to costs

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SD/-P. PADMANABHA REDDY DEPUW REGISTRAR

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//TRUE COPYII SECTION OFFICER

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'I . The Secretary, Ministry of External Affairs, Uni o of lndia., South Block, Secretariat, Raisina Hill, New Delhi - 110 001.

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To,

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The Regional Passport Officer, Office of Regional Passport Office, Door No.g-

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2-215-to 2019, Kummarguda, Secunderabad - 500 003,'Telangana State.

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One CC to SRI T. V. RAMANA RAO, Advocate IOPUCI

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One CC to SRI cADl PRAVEEN KUMAR, Deputy Sciticitor General of lndia loPUcI

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One CC to Ms N.V. R. RAJYA LAKSHMt, Standing Counset tOpUCI

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Two CD Copies

MP^ BSS

I I

GC TODAY

HIGH COURT

DATED:2 410412025

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ORDER

WP.No.12369 ot²⁰²⁵

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DISPOSING OF THE^{WRIT PETITION} WITHOUT COSTS

Chendu Nampally v. Union of India.

Case brief

What is this about?

What the court decided

Chendu Nampally v. Union of India.

Case brief

What is this about?

What the court decided

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