The High Court · 2025

THD HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.3113 of 2Q25 ORDER: This Writ Petition is filed questioning the action of respondent No.3 in refusing to impound the Passport of respondent No.4 bearing No.S-5O59922 vide letter dated

17.O1.2025 addressed to the petitioner as being arbitrary and illegal and contrary to Section 10(3)(e)&(h) of the Passport Act, 1967 and violative of Articles 14 and 2l of the Constitution of India. A consequential prayer is sought to set aside the letter dated 17.O1.2025 bearing Lr.No.HYD/30lPOLl PCC/31212O23 and to direct the respondent No.3 to impound the passport of respondent No.4 bearing No.S-5059922 and pass such other orders.

2. Brief facts of the case as stated are that: The petitioner married respondent No.4 on

29.O5.2O19. Subsequent to the marriage, the petitioner was subjected to persistent harassment by respondent NVSK,J \' P.i,lr.: i 13 of 2025 .l .-' 2 No.4, his parents and his sister. Due tc continuous harassmenl, the petitioner was compelled 1o leave her matrimonial l-romc on 7.O8.2021 and 'elocated to Bilaspur, C)hhattisgarh, along witi-r her clr .rghte r, born out olwedklck on 04.12.2O2O, to reside witL. her parents.

3. The yretitioner made efforts to r::oncile and respondent No.4 did not sirow interest in aCclressing the ongoing marilal issues. Thereafter aggrie i'ed by the attempt to abandon the petitioner and thcir four years old daughter, coupied with the harassment trndured, the petitioner fiLed a complaint on 26.12.2022 u'ider Section 498-A of IPC r/w. Sections 3 and 4 of Dow;r' Prohibition Act at Miyapur Police Station

4. It is submitted that at the time:! filing the complaint the petitioner came to know that lrer hrrsband was planning to leave India on 27 .12.2022 itself However, he was prevented from doing so due to the pending complaint against him. The said r:otnplaint was *ffiW..?\-,::;3 // NVSK,J w.P.No-31 13 of 2025 3 registered as C.C.No.2O4 of 2023 on the file of the learned Prl. Junior Civil Judge - cum - VIII Addl. Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally. During the pendency of the complaint, respondent No.4 hled F.C.O.P.No.856 of 2023 before the learned Prl. Family Court, Hyderabad against the petitioner seeking dissolution of marriage and that the same is pending before the Hon'lcle Court. It is further submitted that the Magistrate passed orders dated

29.O9.2023 directing respondent No.4 to file sureties.

5. Thereafter, respondent No.4 along parents and sisters filed Criminal Petitions bearing Crl.P.Nos.5256 and 5284 of 2023 before this Court seeking to quash the proceedings in C.C.No.2O4 of 2023 against A-1 to A-4 therein. This Court, vide common order dated 06;10.2023 dismissed the petition hled by respondent No.4 (Cr1.P.No.5256 of 2023) but allowed the petition filed by his parents and sister (Crl.P.No.S284 of 2023). w\_ ..: , ,- \L:; \ \ \ NVSK,J ,:,'.P.No. I I 13 of 2025 4

6. It is lurrher submitted that c.c.No.2('1 0f 2023 is still pending against A-4 i.e., respondent Nrt ;1 an,l during the pendencv of said C.C., respondent No.4 fled to the United Statcs on 30.07.2023 abandoning rhe petitioner and their four years oid daughter. Tt:reafter, the petitioner addressed an E-mail on 13 09.2023 to respondenl No.3 office requesting to imrrrediately impound the passports of respondent No.,1 his parents and sisters.

7. Conseqr-rently, respondent No.3 by Il-ma^l dated

29.O9.2O23 responded requesting docum: ets s;uch as charge sheet, court orders, summons :r td vrarrants issued to petitioner and the petitionr - su.bmitted documents to respondent No.3 at their t.fice at RPO Offlrce, Secunderabad on 21.12.2023 Thr:reafter, respondent No.3 by ietter dated 03.O4.202',.improunded passport of respondent No.4. As against 1L.e same, the father of respondent No.4, acting as his Spe:ial l)ower of Attorney holder filed W.P.No.941.7 of 2024 before this NVSK,J w.P.No.3113 of 2025 5 Court seeking to declare the action of respondent No.3 in issuing the aforesaid letter dated 03.04.2024. This Court by an order dated 16.04.2024 in W.P.No.94l7 of 2024 has set aside the aforesaid letter dated 03.O4.2024, wherein respondent No.4 passport was impounded directing respondent No.3 office to consider the representation dated 03.I2.2023 addressed by respondent No.4 to respondent No.3 ofhce and to assign vaiid reasons for lmpounding the passport of respondent No.4. Further submitted that this Court has passed an order only to consider the representation of respondent No.4 and no decision on the merits of the matter and pursuant to the said order dated 16.042024, respondent No.4 Passport was released from impound status as evidenced in E-mail dated 30.07.2024 addressed by respondent No.3. It is further submitted that respondent No.3 ought to have issued notice to the petitioner or at Ieast intimate her, providing an opportunity to explain NVSK,J ! P- No :l I 13 of 2025 ti t' \ 6 the circumstances before releasing resp,] tdent No.4's passport from the impound status.

8. It is further submitted that ever sincc t te M:rgistrate passed orders dated 29.09.2023 directirrg, respondent No.4 to hle sureties, respondent No.4 has neither appeared before the Court nor furnish cd sureties Respondent No.4 has misrepresented befort: this t)ourt by lrling the aforesaid W.P.No.9417 of 2O2t- stat:.ng that respondent. No.4 is regularly appearing n C.C. and contesting the matter and that this Court lL:Ls passed the order setting aside the impounding responcLent No.4 passport based on submission of responden - No.1 father, which warranted release of respondent \c.4 passport from impound status.

9. It is further submitted that give e coritinuous absence of respondent No.4 before the learru,d Prr.. Junior Civii Judge - cum - VIII Addl. Judicial Magistrate of First Class, Ranga Reddy district at Kukatpali z, the Court NVSK.J W.P.No.3I I3 of 2025 7 issued NBWs against respondent No.4 on 07.11.2024 and that respondent No.4 has no intention to return to India and as his actions clearly indicate a deliberate attempt to delay the criminal case and evade the proceedings against him

10. Thereafter, the petitioner addressed a E-mail dated

16.01.2025 to respondent No.3 requesting to impound the Passport of respondent No.4 bearing No.S-5059922 and a letter dated 16.01.2025. Petitioner also addressed another email and letter dated 18.01.2025 via RPAD enclosing hard copies of al1 necessarlr documents and relevant Court orders of this Court. In reply to the said e- mail dated 16.01.2025 respondent No.3 office issued letter dated 17.O1.2025 bearing Lr.No.HYD/30lPOLl PCCl3l2/2O23, which reads as under: "2. E,arlier this office impounded the passport on 24.08.2018 and removed the passport from impound status based on the order of the Hon'ble High Court for the State of Telangana, f I ; T I NVSK,J ,, P l,lo il I 13 of 2025 '':: E in Hyderabad in W.P.No.94 1712A21 dated 16.o4.2024. 4. In this regard, it is to inlorm yol that this olfice ca nnot forego Court orders an(i impc)und the passport again. Further it is rc-<1rested to fi-rrnish Court orders to impound ttrr: passport again." 1 1 . Learned counsel for the petitioner drl .rvs :rtten tion to Section 10(3)(e) of the Passport Act, 19(r / and submits thal responder-rt No.3 is empowered to imp I rnd r-rr cause the impounding of the passport or travci document if proceedings related to an alleged offence commrtted by the passport holder are pending belore a ,t iminal court in India. Furthermore, under Section l,i 3)(h) of the Passport Act, 1967, the passport authorit.r' rLay exercise this power if it is brought to their attention lrat: (i) a warrzrnt or summons for the appr:ri'ance , or a warrant lor the arrest, of the passport or travel document holder has been issued trr' 4 .u.r., under an1, prevailing law, or NVSK,J W.P.No.3 I 13 of 2025 9 order prohibiting the departure of the from India has been issued by such a (ii) an holder court. In such circumstances, the respondent No.3 upon being satisfied of the existence of the warrant, summons, or order, is authorized to take appropriate action. L2. Learned counsel for the petitioner further submits that respondent No.3 1S not taking any action against respondent No.4 despite receiving of necessary documents and relevant court orders of this Court, which 1S contrary to the condition stipulated under Section 10(3)(e) of the Passport Act, 1967 and further submitted that since respondent No.4 1S deliberately evading the proceedings since his departure from India from 3O.O7.2O23 and failed to comply with the Court orders and abstained from appearing before the Magistrate, which clearly evidences his intention to obstruct and delay the progress of Criminal Cases and in the light of [email protected] "\.i.."'{S \ ...,,;..-- ,rj+ \ \r L NVSK,J \ .P-No..l113 of 2025 t0 the above facts and circumstances, it is rmperative to impound his passport in the interest of justice Questioning the same, the present Writ Petit on is filed.

13. Learned Sanding Counsel appearing for respondent Nos.1 to ll has placed a copy of instr_r:'tions dated O5.O2.2O25 submitted by the Deputy Pasrsport Officer, Hyderabad. While narrating the facts of tlrc czrse wouid strbmit that rn terms of the order in W.P.l.l ).9417 /2024 dated 16.04.2024, and complying the order, res:ondent No.3 has removed the passport of respond:-rt No.4 from impound status and also as per the requ est ol SHO, Miyapur Poiice Station, Cyerabad requestirg for attested copy of Passport issued to respondent No.4 ,r,ho involved 1n Crime No.164O of 2022 under Section 198-A of IpC and Sections 3 and 4 of Dowry Prohibition Act, has been provided a.nd also the desired information. Again informed the petitioner to furnish the Corrrt order to impound the passport of respondent No.4. N\/SK,J w.P-No.3l l3 of 2025 l1 L4. Heard Sri Mohammed Omer Farooq, learned counsel for the petitioner, Smt.N.V.R. Rajya Lakshmi, learned Standing Counsel representing Mr.Gadi praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent Nos.1 to 3 and Sri Nageshwar Rao pujari, learned counsel appearing for respondent No.4. After putting notice on R_4 and after seeking his explanation, with their consent, the writ petition is being taken up for disposal at the admission stage itseif. Perused the record.

15. The learned counsel for the petitioner submits that NBWs are issued against respondent No.4 as on date and that the petitioner is taking steps to furnish the certified copy of the same by way of another representation to the Passport authorities with a request to impound the passport of, respondent No.4. 16' Though various grounds are raised rearned counser appearing for the petitioner restricted/confined his prayer I I I I i :i l I i ,1 + I I l NVSK,J \.P-|b.31l3 of 2025 t2 ia ..\ that the petitioner may be permitted tc make fresh application to Passport authorities for t r : pu rpose of impounding the Passport of respondent No.. b1. r:nclosing relevar-rt certified copies of NBWs - is;sued against respondent. No.4 and to direct the respond,lrts to dispose of such application and pass appropriar c orders, 1n accordance u,ith iaw

17. In vie-w of the submissions made by it:rLrnec. counsei for the petitioner, liberty is granted to the pe titioner to file fresh application to the Passport/respond,: rt atLthorities enclosing certihed copies of issuance of NE\r's, pending if any, against respondent No.4, within a perici of one week from the date of receipt of copy of this order-. On receipt of such application along with certified copies of NBWs issued against respondent No.4, if aJ1.i-' fi'om the petitioner, the respondent/Passport au.horil.ies are directed to consider the same and pas;s appropriate orders, in accordance with law, AS exr:ditiously possible. lE-:.t.ffilf/ -;-- 1* rF.5f: .r- :-.i;:i 'i{/ t,, To SA GJP ,." hVV I'{VSK,J W.P.No-31 13 of 2025 13

18. With these observations and with the consent of both learned counsel for the parties, thls writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed //TRUE COPYII SD/- B. REKHA STANT REGIS RANI

1. The 2. The 3. The 4. One 5. One 6. One 7. Two Union of lndia , The Ministry of External Affair Central Pass port Officer, PS P Division Tilak Regional pa ssport Officer Regional passport Office , Secunderabad CC to SRI t\ilOHAl\,4MED Oft/ER FAR OOQ, Advoca te [OPUC CC to DEp UTY SOLICIT RAL OF INDIA, Advocate [OPUCI CC to [r//s vocate (OpUC) CD Copies OR GENE DISHA LAW FIRM, Ad New Delhi w Delhi S sEcTtoN OFFICER 1." )-.,- 'r'.::f*. 1ii [ti 296 I i, I '. '.,::., t' i I I I I I 1 i HIGH COURT DATED:071A7/2025 ORDER WP.No.3113 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. f \ tt' b