Khaia tVloinuddin Khan v. The Union or lndia

petition under A(icle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order direction or particularly in the nature of Writ of Mandamus declaring that the inaction on part of the respondent No.2 in withholding the application of the petitioner vide application no. 25-1054254602. on the ground of pendency of a criminal case, arising Out matrimonial dispute U/s 498 A 1pC and 420 1PC. vide CC NO. 1925 OF 2024 pending on the file of XV Addl. Chief IVl.tM. Hyderabad. is highly illegal, arbitrary and violative of fundamental ri2ht to travel enshrined under Article 21 of the Constitution of lndia. Consequently. this Honourable Court may he pleased to direct the respondent l\ NO.2 to process the application of the petitioner vide application no' 25- 1054254602. and Re issue passport to him for a normal period of '10 years. Prayer amended as per c.o.dt.1311112025 in lA No.212025. lA NO: 1 OF 2025 petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pass an interim direction thereby' directing the respondent No' 2 to process the application of the petitioner vide application no. 25-1054254602. and lle lssue passport to him for a normal period of 10 Years' Counsel for the Petitioner : SRI MOHAMMAD ADNAN Counsel for the Respondents: SRt PULIMAMIDI SHASHIDHAR REDDY . . & Ms.ANJALI AGARWAL, STANDING COUNSELS FOR CENTRAL GOVT. W.P.No.21987 OF 2025 Between: Khaia Nadeem uddin Khan., s/o Khaja t\Ioinuddin Khan. ag-ed Ariin"rJ,-Rio H.No. 13-G-4341 A1147,-sardar Bagh. Post Office Houz Hyderabad. about 33 yrs. Occ. Golconda. Langar ..PETITIONER AND 2 1 The Union Of lndia., through IMinistry of Externa.l Affairs. 8"P.. 9y .lts Seireiary. having offiCe at Sorith Block. Secretariat Building New Delhi - lndia. The Regional Passport., Rep. by its R.P.O. Having, office at Clock Tower' Secunderabad. Sved Ravees Ahmed, Sio Late Syed lbrahim Aged aloyt 59 yrl Occ Pvt' 56*"uH/o ffai Uo. 4, Building Nio. 62 Vijay Nagar College of Commerce, Vijay Nagar colonY, HYderabad R3 is impleaded as per c.o. dt.11.09.2025 in lA. No. 3/2025. 3 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 pass an order, direction or a writ particularly in the nature of Writ of ...RESPONDENTS I --' ) '? ft/andamus declaring that the inaction on part of the respondent No'2 in withholding the application of the petitioner vide application no. 25-1057276781, on the ground of pendency of a criminal case, arising out matrimonial dispute U/s 498 A IPC and 42OlPC, vide CC NO. 1925 OF 2024, pending on the tile of XV Addl.thief M.M. Hyderabad. is highly illegal, arbitrary and violative of fundamental right to travel enshrined under Article 21 of the constitution of lndia' Consequently, this Honourable Court may be pleased to direct the respondent NO.2 to process the application of the petitioner vide application no. 25- 1057276781 , and Re lssue passport to him for a normal period of 10 years' Prayer amended as per c.o.dt.l3111l2O25 in lA No.212O25. lA NO: 1 OF 2025 petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pass an interim direction thereby directing the respondent No- 2 to process the application of the petitioner vide application no. 25-1057276781, and Re lssue passport to him for a normal period of 10 years' Counsel for the Petitioner : SRI MOHAMMAD ADNAN c o u n s e'| f o * h e R e s p o n d e'. "' iflilfiF##tli: : ] [::J c o vr The Court made the following: COMMON ORDER .+J. THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT Nos.2 L9a4 and,2L947 of 2O2S COMMON ORDER: These Writ Petitions are filed to declare the'action on the part oI responclent No. 2 in withholding the petitioners' passport applications bearing Application Nos. 25-LO542546O2 and 25- 1057276781, on the ground of pendency o[ a crirnirral case arising out of a matrimonial dispute under Sections 498-A IPC and 42O IPC, registered as C.C. No.1925 of 2024 pending on the file of the XV Additional Chief Metropolitan Magistrate, Hyderabad, as illegal, arbitrary, and violative of the petitioners' fundamentzrl right Lo travel abroad guaranteed under Article 2l of the Constitution of tndia and consequently direct respondent No. 2 to process the petitioners' applications bearing Application Nos. 25-LO54254602 and 25-T057276781 and to re-issue passports to them for the normal period of 1O years, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.

2. Sri Mohammad Adnan, learned counsel for the petitioners submitted that the issue raised in this writ petition is no longer res inteSa in view of the order, dated 19.10.2023 passed by this Court in W.P.No.29439 of 2023, wherein this Court, relying upon the I I I I i I : : : i ! : : l i I : 2 guidelines issued by the Hon'ble Apex Court in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation 1, where the passports are pending on thc ground of registration of criminal cases, held that pendency of criminal cases is not a ground to refuse the passport.

3. Sri P. Shashidhar Reddy and Ms. Anjali Agarwal, learned Standing Counsel for Central Government, for respondent Nos.l and 2 have not disputed the said lact and stated that the present case is covered by the orders passed by this Court in W.P.No.29439 ot2023.

4. In view of the aforesaid submissions, this Court deems it appropriate to dispose of the writ petitions in terms of the order passed by this Court W.P.No.29439 of 2023, dated. 19.LO.2023 and the official respondents are directed to consider the petitioners' application Nos. 25-1054254602 and 25-1057276781 submitted by the petitioners seeking to reissue passports on the following conditions:-

1. The petitioners shall submit undertakings, along with affidavits in C.C.No.1925 of 2024 on the file of the Hon'ble XV Additional Chief Metropolitan Magistrate, Hyderabad, stating that they will not leave India during t 2o2o crt.L.J.(sc) 572 / ; ,/, ..:" 3 pendency of the said case without permission of the Court and that thcy'*'ill cooperate with the trial Court in concluding the prclceedings in the said case;

2. On filing of such undertakings as ',r',e11 as affidavits, the trial Court shall issue certified copies of the same to the petitioners within a period of t*,o (02) weeks therefrom;

3. The petitioners shall submit applications afresh along with certilied copies of this order as well as the aforesaid + I undertakings before the Passport Officer/Authority cortcerned for rr:issuance of passport;

4. On filing such applications, the passport O.fficer/Authority shall consider the same afresh in the light of the observations made b), this Cottrt herein as well as the contents of the undertakings given by the petitioners for reissuance of the passports, in accordance with law, within three (03) weeks from the date of said applications.

5. Respondent No.2 shall consider Rule 12 of the passport Rules, 1967 while considering the aforesaid applications submitted by the petitioners.

6. On reissuance of the passports, the petitioners shall deposit the same before the trial Court in C.C.No.L925 of 2024; and 4 r1

7. However, liberty is granted to the petitioners to file applications before the learned Magistrate seeking permission to travel abroad, and it is for thc learned Magistrate to consider the same in accordance with law. 5 Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs Miscellaneous applications, if anir pending, shall stand closed. /TRUE COPY// SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR /^l? SECTION OFFICER To,

1. The Secretary, Union of tndia, through Ministry O_f External Affairs. having office at South Block. Secretariat Building. New Delhi-lndia

2. The Regional Passport, Rep. by its R.P.O. Having office at Clock Tower. Secunderabad.

3. One CC to SRI MOHAMMAD ADNAN, Advocate. [OPUC] 4. ONE CC tO SRI PULIMATVIIDI SHASHIDHAR REDDY, SC fOT CENTTAI Government. [OPUC]

5. One CC to tVls.ANJALl AGARWAL, SC for Central Government. [OPUC] 6. Two CD Copies. BSK GJP \ar HIGH COURT DATED:1311112025 * ! c I t .s .i\\, b\ t! t!u * COMMON ORDER WP.No.21984 & 21987 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS % -k, ,5