The petitioner challenged the impounding of his passport and seizure of his mobile phone following his arrest. The High Court disposed of the writ petition.
Liberty granted to file a petition before the XII Additional Chief Metropolitan Magistrate for return of passport and phone; present writ disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
132521
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 21847 OF 2023
Between:
Itilr. Amer Hussain, S/o. Mohd Hussain Ahmed, Aged About.41 , Occ. Employee, R/o. 18-8-589/11162, Akbar Nagar,Kummar Wadi, EdiBazar, Yakutpura, Charminar, Hyd.
..,PETITIONER
AND
...RESPONDENTS
Petition undei Article 226 of the Constitution oflndia praying that in the circumstances stated in the affidavitfiled therewith, the High Court maybe pleased to pass order or orders one in the nature of WRIT OF MANDAMUS declaring the action of RespondentsNo.5 to 7 for impounding the Passport of the petitioner vide No. M0178153 on dated. 0810312023 inpursubnce of the crime registered vide Crime No. 47 of 2023 uls. 406, 42O,120 (b) r/w 34 IPC Sec 5 of Telangana State Protection of Depositors ofFinancialEstablishmentsAct and also in Crime No. 2146 of 2022 under section66 C,D, lT Act and U/s 419, Cyber Crime PS and also Crime No. 5412023u/s. 406, 42O, 120(8) R/w. 34 of IPC Section 5 Telangana State Protectionof Depositorsof Financial Establishments Act of CCS, DD, Hyd in whichthe petitioneris arrayedas a Accused No.2.
Consequently direct the responrlcnt No 5 to 7 to release the petitioners passport vide passport No. Irt10178153 a ong rvrth mobile phone ( OPPO), and to declare the action of the respondent No.5 to 7 are totaily illegal, arbitrary, Unconstitutional, and aqainst the provrsion of principal of natural Justice and violation of rules and requlations of the Passport Act'1967 and also violation of Article 19,21 of the constitution of ln<lia
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to direct the respondent No 5 to 7 to release the petitioners passport vide No. M0178153 along with mobile phone (OPPO) in pursuance of the Crime registered in which the petitioner arraved as a Accused No.2, pending disposal of the main writ petition
Counsel for the Petitioner: SRl. SURESH SHIV SAGAR
Counsel for the Respondent Nos.1&2: SRI G VENKATESHWARLU SC FOR
CENTRAL GOVT COUNSEL
Counsel for the Respondent Nos.3 to 7: GP FOR HOME
The Court made the following: ORDER
W.P. No.21847 ot 2023
l
THE HON'BLE MRS JUSTICE SUREPALLI NANDA
ORDER
Heard the learned counsel for the petitioner, the learned Standing Counsel for Central Government appearing on behalf of respondent Nos. 1 and 2 and Learned Government Pleader for Home, appearing on behalf of respondent Nos.3 to 7.
2. The prayer as sought for by the petitioner in the
present writ petition reads as under:
"to issue an appropriate Writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondent Nos. 5 to 7 for impounding the Passpoi-t of the petitioner vide No.M178153 on dated 08.03.2023 in pursuance of the crime registered vide Crime No.47 ot 2023 u/s 406, 420, 120(b) rlw 34 IPC Section 5 of Telangana State Protection of Depositors of Financial Establishments Act and also in Crime No.2146 cf 2022 under Section 66 C.D, IT Act and U/s.419, Cyber Crime PS rnd also Crime No.54/2023 u/s.406, 420, 1.20(3) R/w.34 of IPC Section 5 of Telangana State Protection of Deposits of Financial Establishrnents Act of CCS, DD, Hyd in which the petitioner is arrayed as a Accused No.2 and consequently direct the respondent No.5 to 7 to release the petitioner's passport vide passport No.M0178153 alrng with mobiie phone(OPPO), and to Ceclare tl ,e ejction of ti.e respcndent No.5 .to 7 are totally illeg;: I, arbitrat-1. "
,\
"It is sL!bmitted thal, uponpetitioner's arrival at Rajee'", i andhiInternationalAirport, Hyderabad, the imrni;rationAuthorities nabbedhim and informed tne same tothe 7th responde nti'e , Inspectcr ofPoiice, NarcoticsInvestigation Supervisioi {ing,CCS, DD, HyderabadOn receipt of tne saiciinforn'ation, the 7th respondent went tc Alrport andbroughthim toCCS and effected his arrest on08.03.2023at 18:10hours and seizej tiePassport \O.M0178153 and Mobile Phone from hispossession.Sincethe petitioner is residing in Arab Countriesfrom the date of offence and hispresenceis requiredin Crime No.222/027 and other cases, thePassport was deposited before the Courtof the licn'ble XII Additional Chief MetropolitanMagistrate at Nampally,Hyderabad and atpresent the sar.e is in Courtcustody.The Mobilephone is keptunder safe custodywith the 7th Resp ondent fo r the purp ose of inv estigation. It is submitted that the oetitioner inste ad ofa ooroachin otheCourtofHon'bleXII Additional ChiefMetrooolitan Moistrate at m all H d rabad t rr rn of hi Pass ort. filed the Dresent Writ Petition.
3
Chief Metropolitan Magistrate, Nampally, Hyderabad for return of his passport and mobile phone and upon receiving such appiication, the XII Additional Chief Metropolitan Magistrate, Nampaliy. Hyderabad may dispose of the same, within a reasonable period.
Miscellaneous petitions, if any, pending shall also stand
closed.
To,
SD/. C.PRAVEEN KUMAR ASSlsrANr REG,IZRAR ttrRUE copytt sEcTtoN drHceR
/
1 The Union of lndia. lrlinistrv of ExternalAffairs, D.No. g_2_215 to 21g, Adjacent toprashanth The'atre, kr;mrg;J;, b!"rXoEooro. 2 The Regionatpassoort officer, 73, neO "Cioil n-oJ,3ntva;i r,{agar, Secunderabad, Telbngana State _'5dO0OC
1 t I
HoME, Hish court ror the state or rerangana at ]l lyffiliir'utF'ron KKJ1y"cD cofies '
GJP&}
t ,
HIGH COURT
DATED:1610812023
ORDER
WP.No.21847 of 2023
S Tr\T 1: o.a
1,.
r}8 t0
t1
o
n
:
DISPOSING OF THE WP WITHOUT COSTS
1 issue framed by the court
Whether the passport impounded by the Respondents should be released immediately or the petitioner can approach the Metropolitan Magistrate for its return.
Amer Hussain
Union of India
Regional Passport Officer, Secunderabad
State of Telangana
Commissioner of Police, Hyderabad
Joint Commissioner of Police, CCS, DD, Hyderabad
SUREPALLI NANDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
