Disposed

Mr. Srinivas Putta v. Union of India - Ministry of External Affairs

Telangana HC16 Oct 2025WP/27560/2025

Case brief

AI extract

What is this about?

Writ petition challenging refusal to issue a passport on the ground of a pending criminal case. The court directed the Passport Authority to reconsider and issue the passport subject to conditions, including an undertaking before the trial court not to leave India without permission and a one-year validity limit.

What did the court decide?

Passport Officer directed to consider afresh and issue passport subject to undertakings, one-year validity period, and compliance with Passport Rules; no costs.

Mr. Srinivas Putta Vs Union of India… — Constitutional and Fundamental Rights | Telangana HC (2025)

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[³³⁰⁰ I

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!N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESFI BHEEMAPAKA

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WRIT PETITION NO: 27s60 OF 202s

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Between:

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Mr. Srinivas Putta, S/o Laxma Goud Putta, Aged 50 Years, Occ: Toddy Topper, H.No. 5-75, Navipet Village, Nizamabad, Telangana - 503245

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...PETITIONER

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AND

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Union of lndia - Ministry of External Affairs, rep by its Secretary,

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Passport officer, Regional Passport office, Hyderabad D. No B-2-21sTo 21g, Kummariguda, Secunderabad

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Kolasa Shiva K.umar, S/o. Dhasharatham, Age 51 years, Occ: Carpenter, Politician, R/o. Navipet Village, Nizamabad, Telanagana- 503245.'

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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 declare the inaction of the 2nd Respondent in issuing impugned letter dated 21.O5.2025 refusing the issuance of passport vide application No. HY4067046682524 dated 22.10.2024 solely on the ground of pendency of criminal case vide C.C. No.224 of 2012 on the file of ll Addl. Judicial Magistrate of First Class, at Nizamabad. Subsequently transferred and renumbered as C.C. No.69 of 2024 on the file of Hon'ble I Addl. District and Sessions Judge, at Nizamabad is illegal, arbitrary, violation of principles of natural justice and violation of Article 21 of lndian Constitution and consequently set-aside the impugned letter vide No.HY4067O46682524, dated 21.05.2025 and direct the 2nd Respondent to issue the passport to petitioner.

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lA NO: 1 OF 2025

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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 to suspend the letter dated. 21.05.2025 issued by 2nd Respondent and direct the

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2nd Responoent to issue passport considering applicatign No. HY4067046682524, dated. 22.10.2024

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Counsel for the Petitioner: SRI MAHESH KOSGI

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Counsel for the Respondent No.1 & 2: SRI ANGOTHU NEHRU FoR .ENTRAL G.,ERNMENT)

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counset for ttre Respondent No.3:^lt"

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The Court made the following: ORDER

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t t

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THE HON'BLE SRI NAGESH

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WRIT PETITION No. 27s60 0F 2025

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ORDER:

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The Writ Petition is filed challenging the inaction of Respondent No.2 in refusing to issue passport to petitioner ui.de its letter dated 2L-O5.2O25 in passport Application No.HY4067046682524 as illegal and consequently, direct the respondent No.2 to forthwith issue a passport to the petitioner.

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Heard Mr.Mahesh Kosgi, learned counsel for petitioner and Sri Angothu Nehru, learned Standing Counsel for respondent No.1. perused the record.

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Learned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this court in w.p.No.34l65 of 2024, dated 15.12.2024.

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Be that as it ffi&y, considering the judgment of the coordinate Bench of this court in w.p.No.350s6 of 2o23,dated o2.ol.2o24,and the purpose for which the passport is being requested by the petitioner, this Court directs the respondent No.2 to issue the passport to the petitioner on the following conditions:

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\ \

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if rhe petitioner herein shall submit an undertaHng atong with an aflidavit in c.c.No.69 of 2024, on the file of the HJn,ble I

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NBK,J wP 27560 2025

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Additional District Sessions Judge at Nizamabad., statlng that he shall not leave India during pendency of the said C.C., without permi.ssion of the Court and that he shall cooperate with trial Court in concluding the proceedings in the said C.C;

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iif On filing such an undertaking as well as affidavit, the trial Oourt shall issue a certified copy of the same within two (2f weeks therefrom;

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iiil The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undertaking before the Passport Oflicer / Authority concer:ned for issuing the passport;

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ivl On filing such an application, the Passport Officer/ Autho:rity shall consider the same afresh in the light of the obseruations made by this Court herein as well as the contents of the undertaking given by the petitioner for issuing the passport, in accr>rdance with Iaw, within three {03f weeks from the date of said application;

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vf Respondent No.2 shall consider the Passport Rules, 1967 srhile coasidering the apptication for issuing of the passport to the petltioner;

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vif The competent authority shall specify the permission period of one year for the petitioner to retain the passport for travelling abroad, and also obtain appropriate undertaking from the petitioner statirig that the petitioner shall not overstay the permitt:ed period and shall surrender the passport upon return to India. viil Any other condition as deemed appropriate by the trial Court.

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Accordingly, the Writ Petition is disposed of. There shall be

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no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition,

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shall stand^,:losed

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SD/. A. SRINIVASA^REDDY ASSISTANT^REGISTRAR

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NOTE: That^{the words "CC No.224 of 2012,9q1hq} iiilo?g.,"-i i^{eoaitionat JudiciatMagistrateof First} Ci;;,^{-i.iir mit,ad" is} lvrgngly-read^{in the order} J;iA'toio.zo',,2s^{in wP t'to.z7s0o of 2025 in the} ""loti".^{portion of the order is deleted and} ilUsiit"ted'as "CC^{No.69ot 2024, on the file of the} ffon;Ut" I^{AdditionalDistrict & Sessions Judge at} 'f.iirurniO"d" as per the orders of Hon'ble Court dated 12.12.2025^{in lA No.2ot 2025'}

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This amended order shall substitute the
earlier order which has already been dispatched
on 29.10.2025.
SD/. A. SRINIVASA REDDY
ASSISTANT
/TRUE COPYII
CTION OFFICER
l:_
To,
1. The Secretary, Union of India - tVlinistry of External Affairs,
2. Passport Officer, Regional Passport Office, Hydrerabad D. No 8-2-215To
21 9, Kummariguda, Secunderabad
3. One CC to SRI MAHESH KOSGI, Advocate [OPUC]
4. One CC to SRI ANGOTHU NEHRU (SC FOR CENTRAL GOVT) Advocate
IoPUCI
5. Two CD Copies
BN
BS