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Telangana High Court
Kokkerapati Pullaiah vs The Union Of India on 1 May, 2025
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.13826 of 2025
ORDER:
This Writ Petition is filed questioning the action of the
respondents in closing File No.HYA062395523919, wherein
the petitioner was refused passport services in view of
pending criminal cases as illegal, arbitrary and contrary to
the provisions of the Passport Act, 1967 and violation of
Article 14 and 21 of the Constitution of India and
consequently direct respondent No.2 to reconsider the
petitioner’s Application Reference No.19-1008100987,
wherein the petitioner was refused passport services in view
of pending criminal cases, without referring to two criminal
cases pending i.e., C.C.No.1081/2024 and C.C.No.62/2024,
the present writ petition is filed.
2. The learned Counsel for the petitioner would submit
that the petitioner submitted an application dated
23.08.2019, seeking for issuance of a passport and obtained
Application Reference No.19-1008100987. While the
petitioner was waiting for completion of formalities and
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issuance of renewed passport, he came to know that his File
No.HYA062395523919 was closed and no further processing
will be done on the passport application and he was orally
informed that the passport was not issued due to a pending
criminal case on him. The pending criminal case against the
petitioner has been cited for refusal of issuance of passport
is C.C.No.1081/2024 (renumbered) under Sections 143,
447, 427, 506 read with 149 of IPC on the file of the I Junior
Civil Judge-cum-Judicial Magistrate of First Class,
Dhammapeta. Later C.C.No.62 of 2024 was registered
against the petitioner under Sections 143, 149, 283 and 341
of IPC on the file of the I Junior Civil Judge-cum-Judicial
Magistrate of First Class, Dhammapeta.
3. 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.
4. Learned counsel for the petitioner prays this Court to
pass similar order.
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5. Learned Standing Counsel, representing Mr.Gadi
Praveen Kumar, Deputy Solicitor General of India appearing
on behalf of respondents reported no objection for passing
similar orders.
6.Having considered the submissions made by the learned
counsel on either side and with their consent, this writ
petition is disposed of with the following conditions:
(i) The petitioner shall submit an undertaking
along with an affidavit before the I Junior Civil
Judge-cum-Judicial Magistrate of First Class,
Dhammapeta in C.C.No.1081/2024 and
C.C.No.62/2024, stating that the petitioner will not
leave India during pendency of the said criminal
cases without permission of the Court and the
petitioner will cooperate with the Trial Court in
concluding the criminal proceedings.
(ii) The Trial Court shall issue a certified copy of
the undertaking along with an affidavit within two
(2) weeks from the date of filing of the undertaking.
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(iii) The petitioner shall submit the certified copy
of the aforesaid undertaking along with the
reply/explanation before the concerned Passport
Officer for consideration of his application for
renewal of 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.
(v) The Passport authority is directed to renew
the passport of the petitioner without raising the
objection relating to the pendency of the criminal
proceedings before the Trial Court.
(vi) The petitioner shall deposit the original
passport before the I Junior Civil Judge-cum-
Judicial Magistrate of First Class, Dhammapeta, in
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C.C.No.1081/2024 and C.C.No.62/2024 after
renewal of the passport.
(vii) The petitioner shall be at liberty to file an
application before the I Junior Civil Judge-cum-
Judicial Magistrate of First Class, Dhammapeta, in
C.C.No.1081/2024 and C.C.No.62/2024, seeking
permission to travel outside India. The I Junior
Civil Judge-cum-Judicial Magistrate of First Class,
Dhammapeta, shall consider the same in
accordance with law.
7. Accordingly, this writ petition is disposed of. However,
there shall be no order as to costs.
8. As a sequel, miscellaneous petitions, if any, pending in
the writ petition shall also stand closed.
_____________________
JUSTICE K.SARATH
Date: 01.05.2025
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