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Judgment
Heard Mr. Deepak Misra, learned counsel for the petitioner and Mr. N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondents No.1 and 2.
Learned Deputy Solicitor General of India furnished written instructions and submitted that as per the Ministry of External Affairs Notification GSR 570(E), a passport issued to an applicant against whom criminal proceedings are pending and who has obtained Court permission can be issued only with validity of one year, unless the Court has specifically mentioned the validity. It is further stated that while processing the passport application of the petitioner, due to inadvertence and administrative oversight, the passport with normal 10-year validity was issued instead of a passport with restricted one-year validity as prescribed under the above notification.
Learned Deputy Solicitor General further submitted that subsequent to the issuance of the passport, the applicant was contacted several times over telephone requesting her to surrender the passport and as she did not surrender the passport, letter dated 17.07.2026 was issued directing her to surrender the passport, failing which the passport will be impounded. He further submitted that as per the undertaking submitted by the petitioner in CC.No.1264 of 2025 before the I Additional Junior Civil Judge – cum – IX Additional Metropolitan Magistrate, Ranga Reddy, that she will strictly adhere to the period permitted by the competent authority and shall not overstay beyond such period.
Learned Deputy Solicitor General of India further submitted that the petitioner is always at liberty to file an appropriate application before the trial Court seeking permission to travel abroad.
In the light of the above submissions, the writ petition is disposed of granting liberty to the petitioner to file an appropriate application before the trial Court seeking permission/NOC for travelling abroad. As and when such application is filed, the trial Court shall pass orders within a period of one week thereafter. If application is ordered granting permission/NOC to the petitioner to travel abroad, the respondent No.2 shall renew passport to the petitioner for the corresponding period. In the circumstances, the impugned notice dated 17.07.2026 shall remain suspended for a period of ten (10) days from today, so as to enable the petitioner to approach the trial Court.
The miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.