The High Court · 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 direct the respondents to reissue passport No. R1578920 dated 28-6-2017 vide application dated 25.7 -2025 Ref.No. 25-1057 522250 with passport application No' HY7075452639625 dated 7l\l2o25 of the petitioner forthwith pending disposal of the Writ petition. lA NO: 2 OF 2025 Between: Mirza Zeeshan AIi Baig, S/o Miza Azmath Ali Baig Aged about 27 years, Occ. Business R/o H.No.3-6-154, Adarsha Nagar. Karimnagar Karimnagar district. AND ...PETITIONER '1 . The Union of lndia, Rep. by its Under Secretary, Ministry of External Affairs, 2. The Regional passport officer, Regional Passport Office, Kummarguda Central Secretariat, New Delhi. Secunderabad. ...RESPONDENTS

3. The Station House office, Masab Tank, P.S., Hyderabad. ...PROPOSED RESPONDENT No.3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppo( of the petition, the High Court may be pleased to permit the petitioner to implead the Station House officer Masab Tank P.S. Hyderabad as party respondent No.3 in W.P. No 24154 of 2025. Counsel for the Petitioner: SRt MIRZA AZMATH ALI BAIG Counsel for the Respondent No.1: SRI K.ARAVIND, SC FOR CENTRAL GOVT. Counsel for the Respondent No.2: SRI G.BHASKER REDDY, SC FOR DSSGI Counsel for the Proposed Respondent No.3: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA UIRIT PE'TITION No.24154 OF 2o25 ORDER: This Writ Petition is filed aggrieved by the inaction of the respondents in rejecting the petitioner's application No.HY7075452639625, dt.O7.Oa.2O25 (reference No.25- lO57 522250) for reissuance of passport No.R1578920, dt.28.O6.2O17, on the ground of pending criminal proceedings urrie (i) Crime No.24 of 2O23 registered as CC.No.8657 of 2023 .and. (ii) Crtrne No.2OO of 2024 of P.S.Masab Tank, and asking the petitioner to submit permission/NOC from the concerned Court, as being illegal, with a consequential direction to the respondents to reissue passport No.R1578920, dt.28.O6.2O17 to the petitioner without reference to the pending criminal cases.

2. Heard learned counsel for the petitioner, Sri K.Aravind, learned Central Government Standing Counsel appearing for respondent No. 1, and Sri G.Bhasker Reddy, learned Standing Counsel appearing for respondent No.2.

3. Learned counsel for the petitioner submits that the issue raised in this writ petition is squarely covered by the order of this in WP.No.28O2 of 2024, dt.14.O3.2O24, wherein this Court relying upon the guidelines issued by the Hon'ble Apex Court as well as this Court in various judgments where issuance of passports are 2 pending on the ground of registration of criminal cases, held that pendency of criminal cases is not .a ground to refuse passport.

4. Learned counsel further submits that following the said decision, recently, this Court passed orders in WP.No.23077 of 2025, dt. 13.08.2025 directing the respondent3 to consider the application of the petitioner, subject to certain conditions as mentioned therein.

5. Learned counsel for the petitioner further submits that since, the petitioner is intending to pursue higher studies, the authorities may be directed to consider petitioner's passport application for a limited period of one year so as to enable the petitioner to pursue higher studies of MS as averred in the writ affidavit.

6. On the above submission being made, learned Standing Counsel appearing for respondent No.2 does not dispute the aforesaid position of law and stated that the present case is covered by the aforementioned orders of this Court, and he has no objection if this Court were to direct the authorities for considering the petitioner's passport application for a period of one year, subject to the condilions, as mentioned in WP.No.2802 of 2024 and WP.No.23O77 of 2025. 3

7. In view of the aforesaid submissions, this Court deems it appropriate to dispose of the writ petition in terms of the orders in WP.No. 28O2 of 2024, dt. t4.O3.2024 and Wp. No. 23 07 7 of 2025.

8. Accordingly, the Writ petition is disposed of directing the respondents to consider the petitioner,s pabsport application No.F{Y7O75452639625, dt.OZ.OB.2O2S (reference No.25_ lO57 522250) by following the procedure contemplated under Section 6(2)(f) of the Passports Act, 1967, and the Rules made there under, subject to the following conditions: The petitioner shall submit undertaking along with an affrdavit before the trial Court/jurisdictional Court in connection with (i) Crime No.24 of 2023 of Masab Tank P.S., registered as C.C.No.6536l2O2g on the file of VI Additional Chief Metropolitan Magistrate at Nampally, Hyderabad and (ii) Crime No.20O of 2024 of p.S.Masab Tank, stating that he will not leave India during the pendency of the aforesaid cases without permission of the concerned Court and that he will cooperate w.ith the triai Court/Investigating Officer in concluding the proceedings/investigation in the said cases. On hling of such undertakings as well as affidavits, the trial Court/jurisdictional Court sha_ll issue a certihed copy of the same to the petitioner within a period of two (02) weeks there from. The petitioner shall submit certifred copy of the aforesaid undertakings before the Passport Ofhcer for issualce of his passport and the Passport Ofhcer shall consider the petitioner's application No.Hy7075452639625, 11

111. 4 dt.O7 .Oa.2O25 (reference No.25- 1O5752 22501 for issuance of passport for a period of one year, within a period of two (02) weeks from the date of submission of such undertaking, in accordance with law. iv. On issuance of passport, the petitioner shall deposit the same before the trial Court/jurisdictional Court in /y' Crime No.24 of 2023 registered as C.C.No.6S36|2O2B on the fiIe of VI Additional Chief Metropolitan Magistrate at Nampally, Hyderabad and (ii) Crime No.200 of 2024 of P.S.Masab Tank. However, liberty is granted to the petitioner to file application before the trial Court/jurisdictional Court in both the cases seeking permission to travel abroad and it is for the triai Court/jurisdictional Court to consider the same in accordance wilh law. Consequently, miscellaneous applications, pending if any, shall stand closed. No order as to costs. I SD/- T.TIRUMALA DEVI DEPUTY REGISTRAR NOTE: That the words read as 'C'C'No'8657 of 2023' in conditions (i) and (iv) of the order dated 03.09.2025 in WP.No.24154 ol 2025 are corrected and substituted as "C.C.No.5536/2023 on the file of Vl Additional Chief Metropolitan Magistrate at Nampally' Hyderabad," as per the orders of the Hon' ble court dated 09.09.2025 in lA.No.3 ot 2O25' This amended order shall substitute the orAer wiiiitr tras been dispatched on dt: 04/09/2025 -e-arlier SD/. T.TIRUMALA DEVI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFIC ER To 1 2 The Under Secretary, Union of lndia, Ministry of External Affairs' Central Secretariat, New Delhi- fi; ffiil;[as-siori oricer, Regional Passport office' Kummarguda Secunderabad ., One One One Two CC CC CC CD to SRI MIRZAAZMATH ALI BAIG, Advocate [OPUC] to SRI K.ARAVIND, SC FOR CENTRAL GOW. [OPUCI to SRI G.BHASKER REDDY, SC FOR DSSGI [OPUC] Copies J 4 5 o K. K / PS PS HIGH COURT DATED:0310912025 09/09/2025 \ AMENDED ORDER WP.No.24154 of 2025 c CC TODAY ., \ c,.) ':1, 1 t,l ;,' 'n' DISPOSING OF THE WRIT PETITION WITHOUT COSTS g (4 /o/e //<5'