The High Court · 2025

Petition under Article 226 of the Constitution of. lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the actio r of the respondents in rejecting the application for issuing passport vide application Reference NO: 23- 1012692323 dated 10-10-2023 of the petitioner stating tlat there is a criminal case is pending in Cr.No. 8612021 'of P.S. Karimnagar lll Tlown and the case is pending in the Honble Judicial First Class Magistrate court at Karimnagar is illegal, arbitrary, contrary to law and consequently direct the respondents to issue passport to the petitioner forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitiofi, the High Court may be pleased to direct the respondents to issue passport vide application Reference No. 23- 1012692323 dated '10-10-2023 of the petitioner forthwith pending disposal of the Writ petition. Counsel for the Petitioner: SRI MIRZA AZMATH ALI BAlc Counsel for the Respondents: SRI B.JITHENDER, SC FOR CENTRAL GOVT COUNSEL The Court made the following: ORDER t THE HON'BLE SRI WSTICE AGESH BHEEMAPAKA WRIT PETITION No. 16424 0F 202s ORDER: The Writ Petition is filed challenging the inaction of the respondents in rejecting the passpdrt application vide Reference No.23-1012692323, dated 10.1O.2O23, on the ground that a criminal case is pending against the petitioner in Crime No.g6 i of Karimnagar III Town pplice Station and the case is pending before the learneJ Judicial First Class Magistrate, ,2O2 Karimnagar.

2. Heard Mr.Mirza Azrnath Ali Baig, learned counsel for petitioner, and Mr B.Jithender, learned Centra\ Government Counsel for respondent Nos.l and t. perused the reiord.

3. Learned counsel for the petitloner submits that petitioner passed loth Class in March 2O1g with a GpA of 6.8 and completed Intermediate with 382 marks. He resides in Nirmal Distric t and seeks to go abrofld for better employment opportunities and to support his family. Hence, he applied for a t pasgport. The 2"a respondent refusQd to issue a passport, citing .,/ \ N BK,J \YP t6{2{ 202i the above criminal case, u'hich was based on rt complaint liled by one Mirza Rizrvan Ali Baig on O1.OS.2O2 1. However, during investigation, the police filed a closure re1;ort (Memo C.No. 277 /ClosurelKOT l2O2t, dated O5.tt.2O2t), classifying the case as "False." Despite submitting this clo:;ure report and other relevant documents, the respondents failed to consider them and rejected his application. Such ar:tion is arbitrary, illegal, and violative of his right to travel atrroad for better employment. There are no pending criminal pror:eedings against him, and denying a passport on such ground; amounts to a deprivation of his fundamental rights. Hence, thLs r,r,rit petition.

4. Learned counsel for the petitioner placec on record the docket order dated 07 .O8.2O25 of the learnecl prlncipal junior Civil Judge-cum-Judicial Magistrate of F rst Class at karimnagar in Crime No.86 of 2021, wherein thr, same reads as follows: "Memo filed by father of Defacto ComplainzLnt who is Advocate and Counsel for De facto Complainant irr the private complainant and hled memo reportrn;4 LW1 has no objcction for closure of final report. pcntsed. Held sufficient. Hence, hnal rcport accepted." 3 NBK,J wP 1642{ 2025

5. Learned Central Government Counsel for respondent Nos. I and 2 submits that the petitioner's application for issuance of a passport was carefully examined by the competent authority, and the sarne was rejected on the ground that a criminal case u,as pending against him. However, since the said criminal case is now reported to be closed as falsB, the respondent authorities \ may be directed to reconsider the petitioner's application and I pass appropriate orders in accordance with law

6. Considering the submissions made by both learned counsel, and in light of the closr.lre report dated 05.11.2021 classifying the criminal case in Cripe No. 86 of 2O2l as "False," and the subsequent acceptance of the said closure report by the trial court as per the docket order dated 07.Oa.2O25, this Court I finds that there are no subsisting criminal proceedngs against the petitioner. The rejection of the petitioner's passport application on the ground of flendency of a non-existent criminal case is illegal and unsust{inable in law

7. Accordingly, the Writ Petilion is allowed. Respondent No.2 is directed to process and issue the passport to the petitioner in reference to Application No.23-1012692323, dated I N8K,J wP t6424 2025 '..1 1O.1O.2023, within a period ol four (04) weeks from the date of receipt of a cop.y of this order. There shall be no order as to Miscellaneous petitions, if Petition, shall stand closed. aly, per:ding in this Writ SD/.8. REKHA RANI GISTRAR //TRUE COPYII OFFICER / \ To

1. The Under Sec retary, Union of lndia, Ministry of External Affairs, Central Secretaria t,N ew Delhi 2. The RegionallDassport officer, Regional passport Office, Kummarguda 3. One CC to SRt Mt RZA AZMATH AL BAlG, Advocak) IOPUC 4. One CCtoSRt B JITHENDER, SC FOR CENTRAL,G ()VT COUNSEL Secund loPUCl 5 Two CD Copies PSK. d t I I : j I I CC TODAY 2---.-._-'. :.:.-:a-. .i. ,'- - i,,,ii':_. t i'': il' /,. '\ '(,:. \1r (-, \ 0 4 s5i 206 iix i' r:= ,/t .t- // -- '!- S p t,r t'...,:,:: -: .zf ' ......-...-''.. HIGH COURT DATED:0310912025 ORDER WP.No.16424 ot 2025 1 o() * l*. ALLOWING THE WRIT PETITION WITHOUT COSTS 0q\M I I i