Mohammed Mujtaba Ali Mir v. 1. The Union Of lndia

Petition Under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in impounding the petitioners passport bearing No. X7168442, without considering the explanation dated. 11i10/2023 sent through email to the 2nd respondent, arbitrary, illegal, unconstitutional and consequently direct the 2nd respondent to release the same. I.A.NO:1 O F 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct. the Respondent No.2 to forthwith rerease the petitioners passport bearing No. X7168442, pending disposal of the main writ petition. Counsel for the petitioner : SRI MOHD ISLAMUDDTN ANSARI Counsel forthe Respondents : SRt K.RAJESH REDDY The Court at the stage of admission made the following ORDER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRITPETITION No.77558 of 2O25 ORDER: Heard learned counsel for the petitioner and learned standing counsel appcaring on behalf of respondent Nos.1 to 3. with their consent, the writ petition is being taken up for disposal at the adrnission stage itself.

2. This writ petition is filed seeking the following prayer:_ " to rleclare the action of the 2"d Responilent in impountling the petitioners passport bearing No.X776g442, uithout consideriig the etplanation dated 17.10.2023 sent through email to the- 2,a respondent, arbitrary, ille6al, unconstitutiinal and consequently dirrct the 2',d respondrnt tcj'rcleose lhe same.,,

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner would submit that in similar circumstances, this Court has passed an order in W.p.No.9550 of 2025 dated,03.04.2025 and the operative portion of the said order is as follows: " 71 Recording tle aboae submissions, this wit petition is disposed of trtith n direct.ion to respondent No.3 fo coniider the casi of the petitioner and take .steps for release of tlu passport in due compiiance of the fndings of the Hon'ble Supre'me durt'in tfu case of tangala Knsturi Rangacharyulu V. Central Bureau of Inz,estigition. TIu directions are as follotas: O The petitioner shnll npproach and submit an unibrtaking along zuith an afidaait before thc Court of the ilI ludici;l Magistrnte, Tiruppur in C.C.No.98g of 2017 stating that the petitioner will not leaoe India duing pendency oi tlr" C.C. toithout permission of the C_ourt and the pitiiioner ui cooperate zoith the Tial Court in concluding the ciminal proceedings. The Trial C,ourt shall issue a certifed copy of tht undertaking nnd ffidaait zoithin 2 roeeks from the date of fling of tli undertaking. The petitioner shall submit the certifed apy of the aforesnid undertaking along uith the rep before tlrc lanation (il (iil \ \ I i i2ii concerned Passport Offcer for considerntion of release of passport. (io) The passport Authoity shall consider the documents in the Iight of the obseruations made by tht Court as uell as the urulertaking and other documents fled by the petitioner. The petitioner slull aLso be at liberty to rely on the decisioits in this re gard. (a) The petitioner upon complying conditions (i) to (o), tlrc passport Authority is directed to release the passport of the petitioner ruithout raising the objection relating to the pendency of the criminnl proceedings bcfore the trial Court. (Til The petitioner slnll deposit tle oiginal pdssport before Court of the III ludicial Mngistrate, Tiruppur, in C.C.No.988 of 2017 (Cime No.30 of 2012), after release of thc passport. (ail The petitioner sfutll be at liberty to fle nn application before Court of the lll ludicial Mngistrate, Tiruppur, in C.C.No.988 of 2017seeking permission to tratsel outside lndia. The lll ludicial Magistrate, Tiruppur, shall consider the same in nccordnnce utith laru.

12. Recording the abciie snid suhmission' urit petition is disposed of, accordingly."

4. l.earned counsel for the petitioner pray this Court to pass similar order as passed in W.P.No.9550 of 2025 dated 03.04.2025.

5. Learned Standing counsel appearing on behalf of respondents reported no objection in passing similar orders.

6. Accordingly, this writ petition is disposed of with a direction to respondent authorities to consider the case of the petitioner and take steps for release of .the passport in due compliance of the findings of the Hon,ble Supreme Court in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigationl. The directions are as follows: (i) The petitioner shall approach and submit an undertaking along with an affidavit before the III ACMM Court, Secunderabad in C.C.No.6748 oI 2021 ' zozo cd.L.l. lscy s "/ I ::3:: stating that the petitioner will not leave India during pendency of the C.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings. (i0 The Trial Court shall issue a certilied copy of the undertaking and affidavit within 2 weeks from the date of filing of the undertaking. (iii) The petitioner shall submit the certified copy of the aforesaid undertaking along with the reply/explanation before the concerned Passport Officer for consideration of release of passport. (ir) The passport Authority shall consider the documents in the light of the observations rnade by the Court as well as the undertaking and other documents filed by the petitioner. The petitioner shall also be at liberty to rely on the decisions in this regard. (") The petitioner upon complying conditions (i) to (iv), the passport Authority is directed to release the passport of the petitioner without raising the objection relating to the pendency of,the criminai proceedings before the trial Court. ("i). The petitioner shall deposit the original passport before Court of the III ACMM Cour! Secunderabad in C.C.No.6748 of 2021, af ter release of the passport. (vii) The petitioner shall be at liberty to file an application before Court of the III ACMM Court, Secunderabad in C.C.No.6748 of 2027, seeking permission to travel outside India. The III ACMM Cour! Secunderabad, shall consider the same in accordance with law.

7. With the above directions, this writ petition is disposed of. Miscellaneous pctitions, pending, if any, shall stand closed. Flowever, there shall be no order as to costs. //TRUE COPY// SD/- A.V.S. PRASAD PUTY REGISTRAR I SECTION OFFICER To Union Of lndia, The Ministry of Exte al Affairs, New Delhi. The Secretary, The Regional PassPo Prashanth Theaters, Kummarguda, Secunderabad 1 2 3. The Bureau of Immigration, Government of lndia, Min istry of Home Affairs, rt Officer, Hyderabad, D.No' 8-2-215 1o 219, Adjacent to lnternation al Airport, Hyderabad. Rajiv Gandhi One CC to S RI MOHD ISLAMUDDIN ANSARI , Advocate [OPUC] One CC to SRI CD Copies f,wo K.RAJESH REDDY, Advocate [OPUC] 4 5 6 HIGH COURT DATED:0710712025 (-" l- ,t THE.\ iri t J11 U t (- .?M * .-V H ORDER WP.No.17558 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. r\