The High Court · 2025

Petition under Seclion 151 CPC praying that.in the circumstances stated in in" plition' in" High Court mav be pleased to the affidavit filed in suppo.t "i direct the 2nd respondr:;i t" l;;'; inu Foti"" clearance Certificate to the P;il;;;;;r',d" file No HY3086916359924' without referring to criminal cases as state supra, in the interests""ii*ttl' pending disposal of the main writ petition' Counsel for the Petitioner: SRI MD' SADATH HUSSAIN Counsel foi the Respondent No'1 & 2: SRI ANGOTHU NEHRU Counsel for the Responclent No'3 to 8: SRI M' SRINiVAS' ASST' GP FOR HOME The Court made the following: ORDER THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION No.1O83 OF 2025 MD. Sadath Hussain, learned counsel for the petitioner' Mr. Angothu Nehru, the learned Standing Counsel for the respondent Nos l and 2 Mr. M. Srininvas, the learned Assistant Government Pleader for Home for the respondent Nos.4 to 8. I l l ORDER: The writ petition has been filed for issuance of writ of mandamus declaring that the action of the respondent No.2/The Regional Passport Officer in rejecting the Police Clearance Certihcate Application of the petitioner as illegal and arbitrary and for issuance of Police Clearance Certificate to the petitioner. 'The petitioner is the lirst accused in CC No'196O of 2. 2O19, registered for the offences under sections 498 (A) and 4Cl6 of the Indian penal code' 1860 (I.P.C'! & sections 3 and 4 of the Dowry Prohibition Act, 1961 (D'P' Act) pending before XV Additional Chief Judicial Magistrate, Nampally' C.C.No.3O of 20122 registered for the offe[ces under sections 498(A), 4O6 and 506 of the I.P.C and Sections 4 and 6 of the D.P. Act Pending before XV Additional Chief Judicial Magistrate, Nampally, and C.C.No.11694 of 2O21 registeted for the offences under sections 354 and 5O4 read with 34 of 2 the I.P.C. pending before XWI Additional Chief Judicial Magistrate, Nampally."

3. Learned counsel appearing for the petitioner stated in his affldavit at paragraph 7 that the petitioner has been selected for the post of Doctor in a Government Hospital managed by the Ministry of Health, Kuwait, and that they have issued a Visa to him, with the final date to report being 12.02.2025. Counsel submits that the fundamentai rights of the petitioner cannot be curtailed by the adverse police report and the consequent refusal on the part of the respondent-passiort authorities tc) issue Police Clearance Certificate by reason of the pendency of the criminal proceedings before the learned Additional Chief Metropolitan Magistrate at Hyderabad. Counsel submits that the petitioner is ready to give an undertaking that the petitioner would continue to cooperate with the investigation and will appear virtually before the Court for that purpose- Learned counsel appearing for the passport authorities

4. submits that the peliLioner failed to state the fact of the pendency ol the criminal proceedings in the concerned declaration/ form by reason of which the petitioner's passport was extended tlll 28.02.2034. Counsel submits that the 3 Regional Passport Authority has no power to issue a porice Clearance Certificate in the face of an adverse police report issued by the police authorities. 5 Upon hearing learned counsel appearing for the parties, this Court is of the view that the petitioner should first approach the jurisdictional Court for appropriate relief where the criminal proceedings are pending. The worth of the undertaking which the petitioner offers to give has to be seen against the practicality of the situation. The petitioner seeks to leave the country for an employment opportunity in Kuwait. The practicalit5r of virtual appearances is a factor which the jurisdictionai Court must take into consideration and decide.

6. The reliance placed on the judgment of a Single Bench of the Delhi High Court in Amardeep Singh Bedi u. IJnion of Indiat does not assist the case of the pelitioner since the offence in that case was under The Employees, provident Fund Act, 1952 and particularly since the petitioner had fulfilled his liabilify under the said Act by making the required provident Fund deposits. The decision further records that the petitioner had been granted Anticipatory Bail with the sole condition that the petitioner must join the investigation whenever directed by the ' 2024 SCC Online Del 7039 4 investigating ofhcer and that no restriction has been imposed by the Trial Cor:rt on the petitioner's travel. These are vital factual differences between the present case and Amardeep Singh Bedls case (supra). Moreover, the petitioner in that case had also approached the Trial Court for relief before filing the proceedings before the Trial Court. 7 . This C:ourt is not inclined to go into the merits of the rival contentions or the legality of the prayers in the writ petition since that may prejudice the Trial Court if and when the petitioner approaches the Court for appropriate directions. Since learned counsel appearing for the petitioner submits that the petitioner's visa will remain valid till 72.O2 .2025, tll e petitioner is granted libertlr to seek appropriate directions for expeditious disposal. The Trial Court shall make an effort to dispose of the case by 07.O2.2O25.

8. W.P.No. 1083 of 2025 is disposed of in terms of the above. Needless to say, the Court at Hyderabad shall not be influenced by this order and shall decide the application, if liled by the petitioner, on a clean slate,

9. Interim orders, if any, sha1l stand vacated and all connected applications are disposed of. There shall be no order as to costs. 5 SD/- N. RAJAGOPAL ASSISTANT REGISTRAR NOTE: That the 2nd paragraph of the Order dated 10.01 .2025 in WP No.10B3 of 2025 is deteted & substituted as follows "2. The Petitioner is the first accused in CC No.'1960 of 2019 registered for the offences under sections 498 (A) and 466 of the lndian Penal Code, 1860 (l.P.C.) & sections 3 and 4 of the Dowry Prohibition Act, 1961 (D.P. Act) pending before XV Additional Chief Judicial f\/agistrate, Nampaliy, C.C. No.30 of^2022 registeled forJhe offences under seciions 498 (A), 406 and 506 of the l.P.C and sections 4 and 6 of the ti.p. Act pending before XV Additional Chief Judicial lVlagistrate, Nampally, and C.C. No.11694 of 2021 registered for the offences under sections 354 and 504 read with 34 of the l.P.C. pending before XVll Additional Chief Judicial [\ilagistrate, Nampally''as per the Orders of Hon'ble Court dated 24.01.2025 in lA No-2 of 2025. This amended order shall substitute the earlier order which has already been dispatched on .,l0.01 .2025. //TRUE COPY// SD/- N. RAJAGOPAL NT REGISTRAR AS 0 SECTION OFFICER To, Hyderabad. Government of lndia, New Delhi. '1 . The XV Additional Chief Metropolitan Magistrate at Hyderabad. 2. The Secretary {Vinistry of External affairs, Union of Inilia, patiala House, 3. T.he Regional Passport Officer, Passport Seva Kendra, 8-1-305/306, Anand . silicl! chip, Shaikpet Nala, Tolichowki, Hyderabad-500009, Tetangana. 4. The Principal Secretary, Home Departmeht, The State of Telangaia, 5. The Director General of Police, Saifabad, Lakdikapul, Hyderabad. 6. The Commissioner of Police, Cyberabad. 7. The Station House officer, Women Police Station, Central Crime Station, 8. The Station House officer, Women Police Station, Charminar, Hyderabad. 9. The Station House officer, Golconda Police Station, Golconda, Hyderabad. 10.One CC to SRI MD. SADATH HUSSA|N, Advocate tOpUCl '1 '1 . One CC to SRI ANGOTHU NEHRU, Advocate IOPL]CI 12.1wo CCs to GP FOR HOME, High Court for the State 6f Telangana. [OUT] 13.Two CD Copies -BNOBN Hyderabad. CC TODA HE glAI 1 3 0E a ('t tlA h , 2025 i.l: t- o FsPATa.u r-.O HIGH COURT DATED:1010112025 24101t202s AMENDED O]tDER WP.No.I083 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?,I €