High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue'any order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3, in not reissuing the passport of the Petitioner, inspite of complying all the conditions imposed by the Trail Court, as illegal, arbitrary and violative of Fundamental Rights as guaranteed under Articles 14, 19 and 21 of the Constitution of lndia and consequenily pass ,.orders of "NO-OBJECTION" in reissuance of pass port of Petiti lner vide Pass Port Nb. Rsr+zros. lA NO: 't OF 2025 Petition under Section 151 CPC praying that in the circ r mstances stated in the affidavit filed in support of the petition, the High Court ma,/ be pleased to pass orders of 'NO-OBJECTION" in reissuance of pass port of Peti i rner vide pass port No. R3142 105, pending disposal of the Writ Petition. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circr .nstances stated in the affidavit filed in support of the petition, the High Court may e pleased to direct the Respondent No. 5, to consider the application of petitionr: for re-issuance of his passport vide Passport No. R31 42105, till its expiry date arrr this Hon'ble Court has 'NO OBJECTION' in re-issuing the passport of petition, p ending disposal of the writ petition. IA NO: 5 OF 2025 Petition under Section 1 51 CPC praying that in the circ I nstances stated in the affidavit filed in support of the petition, the High court may t e pleased to direct the Respondent No. 5, to consider the application of petitioner for re-issuance of his passport vide Passport No. R31 42105, till its expiry date anc this Hon'ble Court has 'NO OBJECTION' in re-issuing the passport-of petition, : :nding disposal of the writ petition. Counsel for the Petitioner: SRI OMAR A.PASHA Gounsel for the Respondent No.1 to 3 & 5: SRI ANGOTHU NE lRU, SC FOR CENTRAI. GOVT. Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER 1 wp r6r62_2025 N8(. l IN THE HIGH C OUR'I' F'OR'TI{ E STATI] OF'TE,LANGANA AT HYDERABAD TH E HON'BLE SRI JUSTICE NAGESH BI{EEMAPAKA WRIT PETITION No.l6l62 of 2025 l6tl'Deccmber 2025 Beh+Ten: Milza Matiulla.i Baig @Mirza Matiulla Baig Nihal lhc Union of India, and others AND ORI)EIt: l'ctitiorrer Respondents 1'he petitioner is arrayed as an accused in C.C. No.l582 of 202 I on the file ol'thc XII Additional Judicial Magistrate of First Cllass, (i1'berabad. The said C.C. was taken cognizance of by the Magistratc fbr thc of-f'ences punishablc unclcr Sections 406 and 420 ol'thc IPC. It is thc case ol'thc pctitioner that hc was originally unawarc of the registlation ol'an FIR against hirn in Crime No. l0 of 2017, dated 05.01.1017 (u'hich was subsecluently nr-tlnbercd as C.C. No.l582 ol-201 1 belbrc the trial Court). as he was in Germany in connection with his cmplovtncnl. [-Jpon his return to lndia on 25.12.2020, he was detained at the Rajiv Gandhi International Airporl, Hyderabad, as a Look Out Circular (LOC) was operativc against hirn. 'thereaficr, a tlotice undel Section 4l-A ol- thc Cr.l'}.C. uas serrcd on hin-r, and the petitioner u'as teleased on station-bziil on the sar.ue clal'ttpon Iirrnishing tu o sureties fbr a sum o1- Rs. 10,000/- cach. \\ t., 2 qp 16152 2D)\ I Thereafter, the petitioner approached the :r ial Court b1, filing Crl.M.P. No. 1689 of 202 I seeking removal of rhc _O() against hinr. lnitiail-v' the trial oourt rejected the application o.: u gr.ound rhur ,,o passport had bee'dcpositcd before thc cour.. Howevcr rpo, the ,etitiorcr apploaching this court in w.i. No. 17357 0f 202r, rrr s courr, by ordcr dated I 2.11.2021 . direcrcd the trial Courl to enteni,i r the application. Pursuanr thereto, the trial Courl passed orders dat d 25.112021 in crl'M P No'I689 or 202 I, based on which the Loc ai.i i,sr the peiitioner was rentoved \ .Ihe

1.2 It is n.ri, the gricvancc ol rlte petitioner t^lil he tra'els abr.oad lor employmcnt pLrrrroses and he is presently in Lona., ancl as t'c pagcs of his ,assport harc exrrausted, thcre is no space lefi i his passport ror starnping, and t/rcr.elbr.c he made an application cfbre the High Commission of India. I_ondon, seeking re-issuance of- I,r ssporl. High Commission replied stating that he should obtain ar appropriate No Ob.jection Ccrtificatc (NOC) fi.orn the concemed ( r urt, as crirninal procecdirgs a'c pendi.g aqai,st the pctitioner-. Pur.:rr ant thereto. thc pctitio'cr approachcd thc rriar Courr by filing crr.M.r, \ro.r09 o1-2025. However, his application was returxed on 07.05.2025 rr rder the caption, "To be /iled in the 1trr4rcr luristriction. Hence returnr,,,1.- -[-herefor.c, petitioner is bcfbre this Courl by wav of the present writ 1,t tition. 2. Heard Mr. Ornar A. l)asha, lcarned counsel for Mr. A Nehru, learned Standing Counsel for Govemr-nent. perused the rccord. 3' At the hearing, re.rrrccl counsel fbr the petitionr.r ;ubr.its that thc gtevance pertains to trrc rc-issuancc or the passport, and ,r c rc-issuurce or tr: petitioner; and r: p o n d en t- ()e ntra i 3 rlp 16161 2025 renewal cannot be denied on the ground of pendency of criminal proceedings. Leamed counsel further subrnits that the petitioner is usually rcquired to travel abroad on employment_related purposes and the petitioner is presenl.ly in London on his job purpose.

1. Learned Standing counser for the centrar Govemment does not dispute the submissions made by petitioner's counsel, however, learned Standing counsel submits that the courl may direct re-issuancc ol thc passport fbr only on., year duration with appropriar-c condiLions. in the pending crirninal proceedings. 'ier,r ) )

5. Ilaving co'rsidered the respective contentions and perused thc recor.d. and also considering that the petitioner is lacing crirninal proceedings in C.C. No.1582 ol 2021, and fufther considering the avermenr. of rhe pctilioner that he is required to proceed abroad on employment-relatcd pur?oses. this court directs the I't respondent. to re-issue/renew, the passport ol'the petitioner lbr a period olONIl ylrAR. F d

6. It is further directed that the petitioner, upon returning to India, shail file an,'\lfldavit before the trial court, stating that he shall file appropriate application befbrc the trial court seeking pennission to proceed abroad during ltendency of crinrinal proceedings, by mentioning the intcnded duration of travel.

7. Upon filing application seeking permission to proceed abroad, during pendenc' ol criminal p'oceedings, the trial court shall consicler the same and pass orders thereon by irnposing appropriate conditions.

8. it is rradc clear that the trial Court is at liber11, to take steps in accordance with larv, in case of the petitioner violates the Affldavit. or fails ',"p t616) to comply rvith the conditions imposed by the trial r-_ turt permission to pr.oceed abroad. 9' Accordingly' the writ petition is disposed ot. Ths .c sha, be no order as to costs_ while grantlng , / //TRUE COPYII t S /-P. PONNA KRIS HNA t TANT REGISTR*F- --1 To iECTION OFFICER Pass Secu ,\l orth Block Central Minist ry of Home A

3. The Regional Nagar, - me Affairs elhi Union of India-1 1000't Raisina Hill s, New Delhi, Union of Ind ia-1 10001 Shivaji

1. The SecretarV, Ho uecretariat, New D 2. The Secret ary, External Affa irs M nistry of Extemal A' airs South Block, rt Officer, Hyderabad Region, 73, Red Cross Road, #i,iJ:liial Secretary, Home Department, secrerariar, - Tderabad, State of The Xlt Additionat Judiciat Magistrate of First Ctass, Cybera :ad. : 6. One CC to SRt OMAR A.PASHA, Advocate tOpUCJ ; ff:::":i:_"orHu NEHRU, sc FoR CENTRAL G( w ropucl Hyd;;;;ibfil FoR HoME, High cour-t for the Statr: of Tetansana at erabad

9. Two CD Copies f ( I BSR BS '.'1...',.''--. HIGH COURT I DATED: 1611212025 ORDER WP.No.16162 of 2025 3 t:i 66 -, 'l '-\a \ ' .. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \p \ DA