Venkata Bhaskar Rao Chelamala Vs The Union Of India — Corruption | Telangana HC (2025)

Venkata Bhaskar Rao Chelamala Vs The Union Of India — Corruption | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the respondent-Passport Authority to renew the petitioner's passport subject to conditions (undertaking/affidavit not to leave India without trial-court permission, ACB certified copy, fresh application, fresh consideration within three weeks, deposit of passport with the trial court), with liberty to seek the Magistrate's permission to travel abroad; no order as to costs; miscellaneous petitions closed.

Issue for consideration

Whether mere arraignment of the petitioner in a criminal case can be a ground for denial of renewal of his passport. +1 more

Ratio / Principle

Considering the judgment of the coordinate Bench of this Court in W.P.No.35056 of 2023 (dated 02.01.2024) and the purpose for which the passport was sought, the Court directed the respondent-Passport Authority to renew the petitioner's passport, subject to specified conditions; the Court did not independently adjudicate the legality of the refusal.

Key takeaways

Condition (i): the petitioner shall submit an undertaking along with an affidavit in FIR.No.12/RCO-RRR/2020 stating that he shall not leave India during its pendency without permission of the concerned trial court and shall cooperate with the trial court in concluding those proceedings.ratio¶50
Conditions (ii)-(iv): on filing the undertaking and affidavit, the Anti Corruption Bureau shall issue a certified copy within two weeks; the petitioner shall submit a fresh application with a certified copy of the order and the undertaking; and the Passport Officer/Authority shall consider the application afresh in the light of the Court's observations and the undertaking, in accordance with law, within three weeks.ratio¶53

Detailed headnote1 paragraphs

Telangana High Court (Nagesh Bheemapaka, J.) disposed of W.P. No. 32749 of 2025 (09.12.2025) under Article 226, filed by Venkata Bhaskar Rao Chelamala challenging the Regional Passport Office, Secunderabad's refusal to renew/reissue passport No. L2243986 on account of FIR No. 12/RCO-RRR/2020 (ACB, Ranga Reddy District) under ss. 13(1)(d) and 7(c) of the PC Act, 1988 and IPC provisions, and the rejection of his s.11 Passports Act, 1967 appeal (letter Ref.No.OBJ/1050182183125, dt. 26-09-2025). Considering the coordinate Bench decision in W.P. No. 35056 of 2023 (dt. 02.01.2024) and the purpose of the request, the Court directed renewal subject to: (i) undertaking/affidavit not to leave India during pendency of the FIR without trial-court permission and to cooperate with the trial court; (ii) ACB certified copy within two weeks; (iii) fresh application with certified copy of the order and undertaking; (iv) fresh consideration within three weeks; (v) deposit of the passport with the concerned trial court on issuance; and (vi) liberty to seek the learned Magistrate's permission to travel abroad. No costs; miscellaneous petitions closed.

[³³⁰⁰ ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 32749 OF 2025

Between:

Venkata Bhaskar Rao Chelamala, S/o Venkaiah Chelamala,age 67years, Rl/o g- 1-l^631E12J29,^{Haripriya Classic Apt. Sriramnagar, Yousufguda, Hyderabad-} 500045, Telangana , lndia.

...PETITIONER

AND

1 The Union Of lndia, Ministry of External Affairs, Regional Passport Office, Secunderabad . Telangana-5O0OO3

2 The State of.Telangana, Rep. by its Principal Secretary (Home Department), Secretariat, Hyderabad.

J lnspector Of Police, Anti Corruption Bureau, R.R.Dist, Hyderabad. Telangana State.

R2 and 3 are impleaded as per C.O.dt.21.11.2025 in lA No.2/2025.

...RESPONDENTS

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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not reissue and renewal of the passport bearing No. L2243986 of the petitioner in spite of giving an undertaking under GSR 570(E) issued as Gazette Notification by The Ministry of External Affairs Government of lndia and subsequent appeal filed u/s 11 of the Passport Act,1967 dated 18-9-2025 which was rejected by the respondent herein vide letter Ref.No.OBJ/1050182183125 dated 26- 09-2025. as illegal, unjust, arbitrary, discriminatory, unco nstitutiona I and violation of

Principles of NaturaF Ju respondent to

renew/reissue,nu o, r.o".l'l'j:, "Tl" :H;H:'I ;J::, ll:.

IA NOi 10F 202s

Petition under section '15i cpc praying that in the c rcumstances stated

in the affidavit fired in support of the petition, the High cour may be preased to pass orders to direct the bear ns L 2243s86",,;;il;::"[:ilil"::.#,: :; ffi , lT#;:"-

Counsel for the petitioner:SRl. VOOSA RAGHU

COUNSEI fOrthE RESPONdCNTS NO 1: SRI NARAPARAJU AVI.I IEESH, SC FOR CENTRAL GO!:

Counsel for the Respondent No 2 : Gp FOR HOME

Counsel for the Respondr

spEc,A.FiEii:THsst8x|1-"ibAx3LT"['-1]rIio"BUREAU

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.32749 of 2025

Dated: 09.L2.2O25

Between:

Venkata Bhaskar Rao Chelamala

...Petitioner

AND

Union of India & two others

...Respondents

ORDER:

The petitioner submitted an oniine Application (No.HY207i940795113, dated 21.O7.20241 seeking renewal of passport, however, the respondent Passport Authority has refused to renew the passport on the ground that the^{petitioner is} facing criminal proceedings in FIR.No.12/RCO-RRR/2020, dated 24.O9.2O2O on the file of the Anti Corruption Bureau, Ranga Reddy District, Hyderabad, for the offences punishable under Sections 13(1) (d) of Prevention of Corruption (PC) Act, 1988 and 7(c) of PC Act, 1988 (As amended in 2018) and 120, 47I,477Ar/w l2OB,34 and 109 of IPC.

...+_----' -.a

Heard Sri Voosa Raghu, learned counsel lor the petitioner; Sri Naraparaju Avaneesh, iearned Standing C< unsel for Central Government, for respondent No. 1, learned Govt:t nment Pleader for Home, for respondent No.2 and Sri T Baia Moh rn Reddy, learned Special Public Prosecutor for Anti Corrulr, ion Bureau, for respondent No.3. Perused the record.

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Learned counsel for the petitioner sr; rmits that mere arraignment of the petitioner in a crimina-l case I rnnot be a ground for denial of renewal of passport. He reiies on th : judgment of this Court in W.P.No.2469O of 2025, dated 03.09.201) i

4 . Learned Standing Counsel for Central Government, for responded No.1, submits that a criminal case ui,l ; FIR.No.12IRCORRR/2020, daled 24.O9.2O2J on the file of tir r Anti Corruption Bureau, Ranga Reddy District, Hyderabad, for the offences punishable under Sections 13(1) (d) of Prevent on of Corruption (PC) Act, 19BB arrd 7(c) of PC Act, 1988 (As ami.: ded in 2018) and 420, 47L, 477A rlw l2OB, 34 and 109 of IPC, i; pending against the petitioner and therefore, refusal to renew t.-r: passport as per the Passport Rules calnot be said to be illegal.

5 Be that as it may, considering the judgmerr' of the coordinate Bench of this Court in W.p.No.35O56 of 2023, < ated 02.01.2024,

and the purpose for which the^passport is^{being requested by the}

petitioner, this Court directs^{respondent-PassportAuthorityto}

renew the passport^{of the petitioneron the following conditions:}

l) The petitloner hereio^{shall submitan undertakingalong} with an aflidavit in FIR.No.12IRCO-RRR/2O20'^{perding on the} file of the Anti Corruption^{Bureau, RangaReddyDistrict,} Hyderabad, stating that he^{shall not leave India duringpendency} of the said FIR, without^{permisslon of the concernedtrial Court} and that he shall cooPerate^{with the concerned trial Court in} concluding the^{proceedingsin the said FIR.}

ii) On filing such an undertaking^{as well as aflldavit, the} Anti Cormption Bureau,^{Ranga Reddy Distric:, Hyderabad shall} issue a certified copy of the^{same withintwo (2) weeks therefrom;}

iiil The Petitioner herein^{shall submit an application} afresh along with certified^{copy of this order as well as the} aforesaid undertaking^{before the PassPortOflicer /Authority} concerned for renewal of PassPort;

iv) On frling such an aPPlication,^{the PassPortOflicer/} Authority shall consider the^{same afresh in the light of the} observations made by^{thls Court hereinas v,ell as the contents of} the undertaking^{given by the} Petitioner^{for renewal of passport'} in accordance itt l",^{withinthree(O3lweel'sfrom the date of} said application;

vl On issuance of the^{passPort, the} Petitioner^{herein shall} deposit the same before the^{concernedtrial Court,and}

vi) However, liberty is^{grantedto the petitionerhereln to} file an application before the^{concerned learned magistrate} seeking piimission to^{travel abroad,and itis for the learned} Magistrate to consider^{the samein accordancewith law'}

6 Accordingly, the Writ Petition^{is disposed of. There shallbe}

no order as to costs

Miscellaneous petitions, if any,^{pendingin this Writ Petition'}

shall stand closed.

SD/.MOHD. ISMAIL EPUTY REGISTR

//TRUE COPY//

ECTION OFFICER

To,

The Union Of lndia, Ministry of External Affairs, Reg al Passport Office, Secunderabad . Telangana-500003

---+r-- - ---_\-*

2.ThePrincipalsecretary(HomeDepartment),StateofT:angana'Secretariat' Hyderabad.

3.lnspectorofPolice,AntiCorruptionBureau,R.R.Dist,Fl.derabad.Telangana State.

One CC to SRl.^{VOOSARAGHU,Advocate[OPUC]}

One CC to SRl.^{NARAPARAJU AVANEESH, SC FOR : TNTRALGOW} loPUCl

Two CCS tO^{SPECIAL PUBLIC PROSECUTOR FOR ANICORRUPTION} " aunenu-,-ffign-Corrt for the State of Telangana at Hyde 'abad [OUT

Two CCs to GP^{FOR HOME,HighCourt for the State < f Telanganaat} Hyderabad. [OUT]

B. Two CD CoPies

DAN GJP

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II

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HIGH COURT

DATED:0911212025

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ORDER

WP.No.32749 ot 2025

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DISPOSING OF THE WRIT PETITION

WITHOUT COSTS

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