Allowed

Mr. Rajesh Kumar Gopu v. Union of India

Telangana HC4 Aug 2025WP/14411/2025

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking direction to issue a passport to an applicant arrested for a crime. The Court directed passport issuance conditional on depositing the passport with the trial court, submitting an undertaking, and adhering to Supreme Court guidelines.

What did the court decide?

Direction to passport authorities to issue passport subject to deposit of original with trial court and filing of undertaking.

Mr. Rajesh Kumar Gopu Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

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[^32s5 J

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

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MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY 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: 14411 OF 2025

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Between:

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Mr. Rajesh Kumar Gopu, S/o Late Venkateswar Rao, Aged about 41 Yrs., Occ Software Engineer, Rl/o Flat No. 102, HIG - 1311A, Darshit Elite Apartments, sth Phase, K.P.H.B Colony, Kukatpally, Hyderabad, TELANGANA,

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...PETITIONER

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AND

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1 Union of lndia, Ministry of External Affairs, Rep.by Principal Secretary South Block, New Delhi.

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2 Chief Passport Officer, Joint Secretary (PSP) CPO, PSP Division, Ministry of External Affairs, Patiyala House, Tilak Marg, New Delhi 110 001.

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J Regional Passport Officer RPO, D.No.8-2-215 to 219, Kummarguda, Secunderabad, Telangana

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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, the High Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of 3rd Respondent in not issuing the Passport is totally arbitrary, irregular and against Articles 14, 19 and 21 of the Constitution of lndia and consequently direct the 3rd Respondent to issue Passport in respect of vide Passport Application Number HY2O77O12795524

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lA NO: 1 OF 2025

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Petition under Section 151 CPC^praying that^{in the cit,:umstances statedin} the affidavit filed in support of the^petition, the^{High Courl may be pleased to} direct the 3rd Respondent to issue the Passport to the^{Petitioner, pending} disposal of the Writ Petition

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lA NO: 2 OF 2025

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Petition under Section 151 CPC^praying that in the^{cir";umstancesstatedin} the affidavit filed in support of the^petition, the^{High Court tnay be pleasedto} permit the petitioners to file additional material papers i.e., Ex. P-13 to Ex. P-28 which are necessary for^proper adjudication of the case^{and disposalof Writ} Petition

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Counsel for the Petitioner: SRl. MIR SAMEER HUSSAIN

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Counsel for the Respondents: DEPUTY SOLICITOR GENEIiAL^{OF INDIA} The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAII^KUMAR

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WRIT PETITION No.l441l of 2o25

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ORDER:

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This Writ Petition is filed questioning tl:e action^of respondent No.3 in not issuing the^passport. A consequential prayer is sought to direct respondent No.3 to issue^passportin respect of passport application uide^N o.l{Y^{2O7 7 O L27 9 552 4.}

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Heard the learned counsel for the^petitioner and^the learned Standing Counsel appearing^{for the respondentsand the} matter is disposed at admission^{stagewith consent of both the} counsels.

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The case of the petitioner is that^{he applied for passport} uide passport application No.HY2O724147949L9,^dated 05.09.2019. The respondents sent letter^{to the petitionerdated} 31.12.2019 stating that the^petitioner is^{involved inCrime} No.259/2O19 under Sections^{498 of IPC and Sections 3 & 4 of} DP Act uide C.C.No.377O/2O19^{of the leamed X Additional} Metropolitan Magistrate Court at Kukatpally^{and directed to} furnish certified copies of charge sheet /^{Court Order in the} aforesaid FIR No.649 of 2019. In^{responseto it, the petitioner} submitted a representation dated l4-Ol -2020^uide Lr.No.LSA/APP-RPO/^{I 40} I^-2O / A3^{explaining his involvementin}

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the aforesaid case. Thereafter, the petitioner re,reived a letter on 26.04.2021 stating the file is closed, since the p,r:titioner ha.s not submitted acquittal order or permission from '3ourt to travel abroad. Aggrieved by the inaction of respo rL,lent No.3, the present Writ Petition is filed.

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Today when the matter has been taken r-rp for hearing, learned counsel for the petitioner would sulrrrit that while dealing with the similar circumstances, this^(- ourt uide order dated 07.04.2025 }rad disposed oi the W.P.No.1O352 of 2025 with certain conditions and learned counsel f,^,r' the petitioner further pray this Court to pass similar ord(r: as passed in W.P.No.1O352 of 2025.

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l,earned Standing counsel appearing i)n behalf of respondents reported no objection in passing sirrLi..ar orders.

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Accordingly, this writ petition is dispc,sed of with a direction to respondent authorities to consider the case of the petitioner and take steps for release of the pzrssport in due compliance of the findings of the Hon'ble Supr,:rrre Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationr. The directions are as follows:

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t2O2O Crl.L.J (SC) 572

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(ii)

(iii)

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(v)

(vi)

The petitioner shall submit an undertaking^along with an allidavit before the learned X Additional Metropolitan Magistrate Court at Kukatpaly, in C.C.No.377O of 2019, 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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The Trial Court shall issue a certified^copy of^the undertaking along with an a{fidavit within^Two(2) weeks from the date of filing of the undertaking.

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The petitioner shall submit the certified copy of^the the aforesaid undertaking along with reply/explanation before the concerned Passport Oflicer for consideration of his application^for passport.

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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 trled by the petitioner. The^petitioner shall also be at liberty to rely on the^{decisions in} this regard.

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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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The petitioner shall deposit the original^passport before the learned X Additional^Metropolitan

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Magistrate Court at Kukatpally, i:r C.C.No.3770 of 2Ol9 after issuance of the passpor-t.

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(vii) The petitioner shall be at lib r:rty to file an application before the learne<l X Additional Metropolitan Magistrate Court at Kukatpally, in C.C.No.3770 of 2OI9, seeking perrnission to travel outside India. The learnecl X Additional Metropolitan Magistrate Court :rt Kukatpally, in C.C.No.377O of 2019, shall consrrler the sarne in accordance with law.

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