Sved Akramuddin S/o Syed Azeemoddrn v. 1. Union of lndia, tvlinistry of External Affairs

circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.2, 3 and 4 by impounding the Petitioner's passport on the ground of pending criminal case and without giving an opportunity of hearing as illegal, arbitrary, unjust, unco nstitutio nal and in violation of principles of natural justice and consequently direct the Respondents .,'? to release the passport bearing No.N3640z61 issued on g.10.2015 as the same rs going to expire on 7 .' O.20Zs lA NO: 1 OF 2025 Petition und:r Sectron 151 cpc praying that in the circumstances stated in the affidavit filed 1n ;upport of the petition, the High court may be pleased to direct the Responciert No.2, 3 and 4 to rerease the petitioners passport bearing No. N3640761 issuec on 8.i0 2015 as the same is going to expire on r.10.2025, and the same is going to be expire on 07.10.2025, pending cisposar of the main Writ Petition Counsel for the Petitioner: SRI HINA MALHOTRA Counsel for the Respondent No.1 to 4: S.C. FOR CENTRAL GOVERNMENT Counsel for the Respondent No.S: Gp FOR HOME Counsel for the Respondent No.6: -- The Court made th,: fr>llowing: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.9006 0F 2025 ORDER: 'l'hc Writ Petition is fited challenging the inaction of in impounding the Petitioner's Rcspondent Nos. 2, 3, and r+ passporl on the ground of a conscqucntly, to direct the respondents to release the passport bearing No. N3640'/5 1, issued on O8' 10'2O15, as the same is gcing pending criminal case, and to crpit cr ott 07 .lO .2025. iir:ard Sri Hina lvlalhotra, learned counscl for the petitloner, ). :r,nd thc learned Standing Conrrsel for the Central Government lor respondcut No. 1. Perused the record'

3. Learncd counsel for the petitioner submits that mere arraignine nt oi ttre petitioner in a criminal case cannot be a ground ibr denLal of a passport. On instructions, learneci counsel for the pctitiorrer submits ttllai, uide order dated 22 'O2 '2024 , the orders \\,ercr rr:called by tire iearned XV Additional Chief Metropolitan l"{agistrate at l{yclerabad, and further subrnits that the petitioner liled a fresh representation before the a,uth orities to reconsider the issue pursuant to the order p.issed by the said Court on 2 NBK..l '! \" l, 9u06 luti

22.O2.2024. He lurther relies on the judgment of this Court in W.p No.26325 of 2C22. dared 1t.O9.2023.

4. I-carncd ccunsel for lhe respondents sllbmits thaL srnce non bailable warrarrrs are pending against the petitioncr. the application of th: petitioner \\.as not forwarded. It is submitted that the respondc nt authorities u,ould consider lhe petitloner,s application if lre obtains permission to travel abroad from the court rvhcre the crimin al cases are per-rding aeainst him.

5. Considcrtnq the submissions made by bottr thc learnecl counsci, and i11 vieq' of the order daLed 22.02.202.1 passed by the learned XV Addiiional Chief Metropolitan 'Magistrate at Hyclerabad in Crl.M.P.No.llB5 of 2024 in C.C.No.7692 of 2022, aLrd taking into account the ord<:r dated 11.O9.2023 passed by this Court rn W.p. No.26325 of 2022, this Court directs the respondents to follou, the procedure conlerr-Lplatcd under Section 6(2)(f) of thc lrassporrs Act, 1967, and the Ilules rnade thereunder, subject to the folLorving conditions:- i) The pctitioner herein shall submit an undertaking along with an affida.vit in C.C.No.7692 of 2022, pending on the file of 11,. Xy Additional Metropolitan Magistrate at Hydirabad., stating that he shall not leavc India during pendency of the said C.C.I vrithout permi.ssion of the Court and that he shall cooperate with trial Court in ,:oncluding the proceedings in the said C.C. ii) On filing such an undertaking as well as aiFrd.avit, the trial Court sh:rll issue a certifred copy of the same within two (2) weeks therefrom; .NtsK,J rvP t006 2025 {,. t: ,.: I -iii) The Passport Officer/ Authority shall consider the same afresh in the light of the .observationi made by this Court hc1;i.n as well as the contents of the undertaking siven bv the perruoner tor renewing of the passport, in accordin-ce witi law, within three (O3l weeks from the datt ofsaid application; iv) Respondent No.2 shall consider tie passport Rules, 1967 while considering the application for renewing of the passport to the petitioner; v) Any other conditiorr as d.eemed apptopriate by the trial _ Court.

6. Accorclingl-1,-, the Writ petition is disposed of. There shall be no ordcr as to costs. Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed SD/. C. DEEPIKA ISTANT REGISTRAR A To //TRUE COPY// ECTION OFFICER

1. The Secretary, Union of tndia, Ivlinistry of External ,,qlairs, e-Atock, Central Secretariat, New Delhi. \) Z !h.q [egi91al Pasgpo( Officer. Regional Passport Office, passport Office D.No.8-2-215 to 219, Near Prashant Theatre, Seiunderabad - 500 b03, TS. 3. The Senior Superintendent, LC Passport Office D.No. 8-2-2j S to 219, Near Prashant Theatre, Secunderabad - 500 003, TS

4. The lmmigration Officer, Arrival Batch, Bureau of lmmigration, tVlinistry of Home Affairs, Government of lndia.

5. The Station House Officer, WPS, South Zone, Hyderabad, Telangana. 6. One CC to SRI HINA IVALHOTRA, Advocate IOPUCI 7. One CC to S.C. for Central Government [OPUC] 8. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies IVP PVL {^, CC TODAY HIGH COURT DATED:2711012025 \) ( l:,; /i {' t:.< .,n \ i..) TA 3I 0[r ztfli z c) ). c. :AT ORDER WP.No.9006 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS tV,e "'Xan, gu,' €