Sri Bandi Gopal Yadav Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

Sri Bandi Gopal Yadav Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with conditions: petitioner to furnish undertakings before the trial court and RGIA Police Station, obtain certified copies for the Passport Officer, and deposit the original passport with the trial Magistrate after issuance; Passport Authority directed to consider and issue the passport without raising the objection of pendency of criminal proceedings; liberty reserved to seek travel permission from the trial Magistrate. No order as to costs; miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the action of Respondent No.2, the Regional Passport Officer, in rejecting the petitioner's passport application vide proceedings HY3067180904724 dated 06-01-2025 is illegal, arbitrary and without jurisdiction, and whether the petitioner is entitled to issuance of a passport notwithstanding the criminal proceedings pending in C.C.No.309 of 2016 (Cr.No.325/2012, Principal Junior Civil Judge-cum-Metropolitan Magistrate, Ranga Reddy District, Cyberabad) and Cr.No.39 of 2024 (RGIA Police Station), and the Gazette Notification GSR No 570(E) dated 25.08.1993.

Court's answer

With the consent of learned counsel on either side, the writ petition is disposed of subject to conditions, on the pattern of the disposal of W.P. No. 34165 of 2024, to which respondents raised no objection.

Ratio / Principle

Condition (i): The petitioner shall submit an undertaking with affidavit before the Principal Junior Civil Judge-cum-Metropolitan Magistrate, Ranga Reddy District, Cyberabad in Cr.No.325 of 2012 and before RGIA Police Station in Cr.No.39 of 2024, stating that he will not leave India during pendency of the said cases without the Court's permission and will cooperate with the Trial Court in concluding the criminal proceedings.

Key takeaways

Condition (ii): The Trial Court shall issue a certified copy of the undertaking along with the affidavit within two (2) weeks from the date of filing of the undertaking.ratio¶37
Condition (iii): The petitioner shall submit the certified copy of the aforesaid undertaking along with reply/explanation before the concerned Passport Officer for consideration of his passport application.ratio¶39
Condition (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 may also rely on relevant decisions.ratio

Detailed headnote1 paragraphs

High Court for the State of Telangana (N.V. Shravan Kumar, J.), disposing of a writ petition under Article 226 challenging the Regional Passport Officer's rejection (proceedings HY3067180904724 dated 06-01-2025) of the petitioner's passport application (File No. HY3067180904724 dated 05.12.2024), which had been refused on the ground of criminal proceedings pending in C.C.No.309 of 2016 (Cr.No.325/2012, PJCM Magistrate, Ranga Reddy District, Cyberabad) and Cr.No.39 of 2024 (RGIA Police Station), and the Gazette Notification GSR No 570(E) dated 25.08.1993; relief sought under Section 10 of the Passports Act, 1967 and Rule 12 of the Passport Rules, 1980. Following the Court's earlier disposal of W.P. No. 34165 of 2024 (05.12.2024) and with no objection from the standing counsel for the Union, the petition was disposed of with conditions: (i) undertaking with affidavit before the trial court and RGIA Police Station not to leave India without permission and to cooperate in concluding the criminal proceedings; (ii) trial court to issue certified copy within two weeks; (iii) certified copy with reply/explanation to be submitted to the Passport Officer; (iv) Passport Authority to consider the documents in light of the Court's observations; (v) Passport Authority directed to issue the passport without raising the objection of pendency of criminal proceedings; (vi) original passport to be deposited before the trial Magistrate after issuance; (vii) liberty to seek travel permission from the trial Magistrate. No costs; miscellaneous applications closed.

I

,

[^325s 1

HIGH COURT FOR THE FTATE OF^{TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

WEDNESDAY, THE SIXTEENTH^{DAY OF APRIL} TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE SRI JUSTICE^{N.V.SHRAVAN KUMAR}

WRIT PETITION NO:9962^{OF 2025}

Between:

Sri Bandi Gopal Yadav,' S/o B.Lakshmaiah^{Yadav,Aged. 35} yrs, Occ. Business, H.irlo. R/o.^{22-22111A, lndiraReddyColony,} Rallaguda, Shamshabad, Cyberabad,^{Ranga Reddy District,TS 50'1218.}

...PETITIONER

AND

1 Union of lndia, Rep by^{its principal secretary, Ministry.of External Affairs'CTV} Oiri.ion, TV1 Section,^{Patiala Hbuse, Goveinmentof lndia' New Delhi.lndia'}

2 Reoional Passport Office, D.No.^{8'2-215 to 219, Near PrashantTheatre,} Kuft marguda, Secunderabad,^Telangana

...RESPONDENTS

Petition under Article 226^{of the constitutionof lndia praying that in the} circumstances^{stated in the affidavit filed therewith, the High court maybe} pleased to issUe a writ, order or direction^{more particularly one in the nature of a} writ of mandamus^{declaring the action of 2nd Respondentin rejectingthe} petitioner,s passport applicatiop vide^{proceedings HY3067180904724,dated 06-} 01-2025 as illegal, arbitrary^{and without jurisdiction and to consequently direct} the Respondents to^{forthwith issue the passportto the petitionermade videFile} No. HY3067'180904724,^{dated. 06.122024 for a period of 10 years,under} section^.10 of Passports^{Act, 1967 and under Rule12 of Passport Rules,1980} without reference to^{the criminalproceedingspending against the petitionerin} c.c.No.309 of 2016,^{through crime No. 32512012,on the file of the Honble} Principal Junior^{civil Judge-cumMetropolitanfVtagistrate, Ranga ReddyDistrict,} cyberabad, and in crime^{No. 39 of 2024 of RGIA Police station, and also the} Gazette Notification^{issued by the centralGovernmentvide GSR No 570(E)} dated 25 8.1993.

lA NO: 1 OF 2025

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 issue directions to the Respondents to forth\4iith issue the passport to the petitioner made vide File No. Hy3067180904224, dated 06.12.2024 for a period of^'10 years, under Section 10 of passports Act, 1967 and under Rule 12 of Passport Rules, 1980 without reference to the crim-inal proceedings pending against the petitioner in c c.No.309 ot 2o16, through crime No. 32512012, on the file of the Honble Principal Junior civil Judge-cum Metropolitan Magistrate, Ranga Reddy District, cyberabad, and rn crime No. 39 of 2024 of RG|A police station, and also the Gazette Notification issued by the central Government vide GSR No 570(E) dated 25.8.1993.

Counsel for the Petitioner: SRI S.VIpLAV SIMHA REDDY

Counsel for the Respondents: Ms. N.V.R.RAJYA LAKSHMI, REp. FOR SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN^KUMAR

Writ Petition No.9952 of 2025

ORDER:

Questioning^{the action of the respondent No.2, Regional} Passport Oflicer, in re.;ecting the petitioner's^{passport application} uide proceedings HY3067 1AO9O4724^{dated 06.O1.2025as illegal} and arbitrary and without^{jurisdictionand} to^{consequentlydirect} respondents to forthwith issue the^passport to the^petitioner mad.e uid,e File No.HY3O67 lBOgO4724 dated^{O6.L2.2O24for a} period of 1O years under Section 10 of^{PassportsAct, 1967 and} under Rule 12 of Passport Rules,^{1980 withoutreferenceto the} criminal proceedings pending against^{thepetitioner in} C.C.No.3O9 of 2016 through^Cr.No.325 l2Ol2^{on the file of} Hon'ble Principal Junior Civil Judge - cum -'^Metropolitan Magistrate, Ranga Reddy District, Cyberabad and in^{Cr.No.39 of} 2024 on the file of RGIA Police Station, the^{present writ petition} is liled.

It is the case of the petitioner that^{petitioner has filed} application for passport uide File^{No.HY306718O9O4724 on} 05.12.2024. In the said application^{petitioner has mentioned all} the details of pending cases again.st him. The said application

2

was pending before respondent No.2 and accordingly on 06.12.2024 petitioner approached respondent No.2 and it is informed to the petitioner that his application was pending and passport carlnot be issued ti11 the linalization of the criminal proceedings.

Today when the matter is taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has disposed of W.p.No.34165 of 2024 dated 05.12 .2024 by imposing certain conditions.

Learned counsel for the petitioner pray this Court to pass simiiar order

Ms.N.V.R.Rajya Lakshmi, learned standing counsel for Mr.Gadi Praveen Kumar, Deputy Solicitor General of India appearing on behalf of respondents reported no objection in passing similar orders.

Having considered the submissions made by the iearned counsel on either side and with their consent, this writ petition is disposed of u,ith the following conditions:

3

t {

(i)

The petitioner shall submit an undertal<ing along with arr affidavit before the Principal Junior Civil Judge - cum - Metropolitan Magistrate, Ranga Reddy District, Cyberabad, in Cr.No.325 of 2Ol2 and before RGIA Police Station in Cr.No.39 of 2024 stating that the petitioner wilL not leave India during pendency of the said cases without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

(ii) The Trial Court sha,ll issue a certified copy of the undertaking along with an affidavit within tu,o (2) weeks from the date of filing of the undertaking.

(iii) The petitioner shall submit the certified copy of the the

aforesaid undertaking along with reply/explanation before the concerned Passport Officer for consideration of his application for issuance passport.

(i") The Passport Authority shall consider the documents in the light of the observations made by the Court as well as the undertaking ald other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard.

(u) The Passport authority is directed to issue the passport of the petitioner without raising the objection relating to the pen<iency of the criminal proceedings before the Trial Court.

4

Il

r::

(vi) The petitioner shall deposit the original passport before the Principal Junior Civil Judge - cum _ Metropolitan Magistrate, Rarga Reddy District, Cyberabad, in Cr.No.325 of 2Ol2 after issuance of the passport.

(vii) The petitioner shall be at . liberty to lile an application before the Principal Junior Civil Judge -^cum -^Metropolitan Magistrate, Ranga Reddy District, Cyberabad, seeking permission to travel outside India. The Principal Junior Civil Judge _ cum - Metropolitan Magistrate, Ranga Reddy District, Cyberabad, shall consider the same in accordalce with 1aw.

Accordingly, this writ petition is clisposed of. There shall

be no order as to costs.

As a sequel, miscellaneous applications, if any pending,

shall stand closed.

SD/.T. TIRUMALA DEVI REGISTRAR //TRUE COPY// SECTION OFFICER

To, '1. The Principal Junior Civil Judge-cum-lvletropolitan [/agistrate, Ranga Reddy District. Cyberabad.

The Principal Secretary, Ministry of^{External Affairs, CTV.Division,. TV1} Section, Pdtiala House, Governm6nt^{of lndia, New Delhi, lndia, Unionof lndia.}

The Regional Passport Office,^{D.No. 8-2-215 to 219' Near Prashant Theatre,} Kummarguda, Secunderabad, Telangana.

One CC to SRI S.VIPLAV SIMHA^{REDDY,Advocate} [OPUC]

ONE CC tO SRI GADI PRAVEEN^{KUMAR, DEPUTY SOLICITORGENEML} OF lNDlA, High Court for the State^of Telangana^{at Hyderabad} IOPUQ]

Two CD CoPies

BSR qs

\

I

I

HIGH^COURT

DATED:^{1 610412025}

ORDER

WP.No.9962^{of 2025}

1 dE S14 14.
ir-
(
I 2
2 I APn 2025 C)
L
+
.A
sv-1
''-arC

DISPOSING^{OF THE WRIT PETITION'} WITHOUT^COSTS

,l