High Court · 2025

Union of lndia, Represented by its Principal Secretary, Ministry of External Affairs, South Block Secretariat, Raisina Hill, New Delhi, Delhi, lndia. The Regional Passport Office, 73 Red Cross Road, Shivaji Nagar, Secunderabad, Telangana- 500003. Sri. K. Prabhakar, Asst. Sub-lnspector of Police, Santosh Nagar Police Station, Hyderabad. Sr. M. Swamy, Investigation Officer, Sub lnspector of Police, Santosh Nagar Police station, Hyderabad. RR3 and 4 are impleaded as per C.O.d1.30.10.2025 in lA No.3/2025. ...RESPONDENTS 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not entertaining the application no. HY75C5O139O2323 daled 1610212023 of the petitioner for lssuance of passport on the ground he involved in C.C No. 5856 of 2022 on lhe file of Hon'ble all Addl. Chief Court, Nampally, Hyderabad is pending as illegal, arbitrary, unjust and in violation of principles of natural justice and consequently issue the passport application direct the 2nd Respondent to no. HY75C50 1 3902323 dated 1 6 lO2l 2023. lA NO: 1 OF 2025 Petition under Section .l 51 CpC praying that in the cirr;r ms16n6g5 stated in the affidavit fired in support of the petition, the High court ma1 >e preased to direct the 2nd Respondent to issue the passport apprication no. ly75c50 13902323 dated 16-02-2023, pending disposal of the writ petition. Counset for the petitioner: SRI BALA MURALI.Y Counsel for the Respondent No.1 & 2: SRI K.ARVIND KUMAf , SC FOR CENTRAL G: VT. Counsel for the Respondent No.3 & 4: Gp FOR HOME The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRIJUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.28619 of 2O25 Dated:17.12.2O25 Between: Rizwan Mohammed, S/o.Mohammed Maqbool, Fl/o.Hyderabad. Union of lndia & 3 others' AND ... Petitioner ...Respondents ORDER: 1. This Writ Petition is filed declaring the action of respondent No.2 in not entertaining the application of the petitioner vide File No.HY75C5013902323, dated '16.02.2023 tor issuance of passport on the ground of pending criminal proceedings in C.C.No.5856 of 2022, on the fie of the learned Vlll Additional Chief Court, Nampally, Hyderabad, as illegal and consequently direct the respondent No.2 to issue passport to the petitioner without reference to the said criminal proceedings.

2. Heard Sri Y.Bala Murali, learned counsel for the petitioner, Sri K.Arvind Kumar, learned Standing Counsel for Central Government ,,. -- 2 and learned Government pleader for Home represent r g respondent Nos.3 & 4. Perused the record.

3. Learned counsel for the petitioner subnritr that mere anaignment of the petitioner in a criminal case cannor be a ground for denial of passport. He relies on the judgment o,this Court in W.P.No.24690 oI 2025, dated 03.09.2025.

4. Learned standing counser for centrar Goverr r rent submits that a crime was registered against the petitioner vide ( rime No.134 of 2022, on the file of Santhoshnagar police Station, r_.gislered for the offences punishable under Sections 420, 141 ,2( 0, 352, 506 read with 149 IPC and Section 25(1XBXb) of Arms Act z nd the same was numbered as C.C.No.5g56 of 2022, which is pendi g on the file of the learned Vlll Additional Chief Court, Nampally, HT lerabad and therefore, refusal to issue passport as per the passport I Lules cannot be said to be illegal.

5. Be that as it may, considering the judgment of thr Coordinate Bench of this court in w.p.No.35 056 of 2023, dated 02 t1 .2024 and the purpose for which the passport is being reque,r ted by the petitioner, this Court directs respondent No.2 to issue I te passport of the petitioner on the fclllowing conditions: l i) The petitioner herein shall submit an undertaking along with an affidavit in C.C.No.5856 of 2022, which is pending on the file of the learned Vlll Additional Chief Cour7, Nampally, Hyderabad, stating that he shall not leave lndia during pendency of the said C.C. without permission of the CourT and that he shall cooperate with Trial Courl in concluding the proceedings in the said C.C. ii) On filing such an undertaking as well as affidavit, the Trial Court shall issue a certified copy of the same within two (2) weeks there from; iii) The petitioner herein shall submit an application afresh along with certified copy of this order as well as the aforesaid undeftaking before the Passporf Officer/ Authority concerned for issuance of passport; iv) On filing such an application, the Passport Officer/ Authority shall consider the same afresh in the light of the observations made by this Court herein as well as the contents of the undertaking given by the petitioner for issuance of passport, in accordance with law, within three (03) weeks from the date of said application; v) On issuance of the passpod the petitioner herein shall deposit the same before the Trial Court in C.C.No.5B56 of

2022. I { vi) However, liberty is granted to the petitioner he' ein to file seeking an aPPlication before the learned permission to travel abroad and it Magistrate to consider the same in accordance wit t law Magistrate is for ttt r learned 6 Accordingly, the Writ Petition is disposed of' Tht re shall be no order as to costs. 7 Miscellaneous petitions' if any, pending in this Writ Petition' shall stand closed ,TRUE COPY// Sit I/.P. PONNA KRISHNA SI ;TANT REGISTRAR SECTION OFFICER To, S,r rth Block Secretariat, xternal A Raisina Hill, New Delhi, Delhi, Union of lndia

1. The PrinciP al Secretary, Ministry of E 2. The Regional Passport Office' , 73 Red Cross Il >ad' Shivaji Nagar' ' i"iund"iroad, Telanlana- 5oooo3' Sub-lnspector of Police, ll rntosh Nagar Police 3 Sri. K. Prabhakar, Asst Station, HYderabad. 4 Sr. M. Swamy, lnvestigation Officer' Sub lnspector of l'olice' Santosh Nagar Police statio n. HYderabad'

5. The Vlll Additional Chief Court' Nampally' Hyderabad' 6. One CC to SRI BALA MURALI'Y' Advocate [OPUC] 7. One CC to SRI K.ARVIND KUMAR' SC FOR CENTRAL ( OVT IOPUCI 8 Two CCs to GP FOR HOME, High Court for the l'tate of Telangana at Hyderabad [OUT]

9. Two CD CoPies BSR BS I HIGH COURT DATED: 1711212025 ORDER WP.No.28619 of Z02S -. i1-:i 2 3 t:ii 21Ut u .. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS It \ *?