Khaja Bilal Ahmed Vs The Union of India

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 issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 herein in issuing the impugned Refusal letter dated 27-03-2025, vide Letter No. HY3079458342316 calling upon the petitioner herein tq submit acquittal orders in S.C.No.714l2024, on the file of Honble X Addl.District and Sessions Judge, L.B.Nagar District and in Crime No.305/2012 on the file of XIV Addl. Chief Metropolitan Magistrate, Hyderabad, or obtain permission to depart from lndia from the Trial Court to process petitioner's passport application for reissue vide File No. HY3079458342316 dated dated 19-06-2024, as illegal, arbitrary, in violation of the Article 14, 21 and 300-A of Constitution of lndia, besides in vioiation of the principles of natural justice and to consequently set aside the impugned Refusal letter vide Letter No. HY3079458342316, daled 2703-2025, passed by the respondent No.2, including the direction to the respondent No.2 herein to forthwith issue renewed passport to the petitioner in furtherance to application vide File No. HY3079458342316 dated dated 19-06-2024

¶16

IA NO: 1 OF 2025

¶17

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 set aside the impugned Refusal letter vide Letter No. HY3079458342316, dated 2703-2025, passed by the respondent No.2, including the direction to the respondent No.2 herein to forthwith issue renewed passport to the petitioner in furtherance to application vide File No HY3079458342316 dated 19-06-2024. pending disposal of the above writ petition

¶18

Counsel for the Petitioner: SRl. KATIKA RAVINDER REDDY

¶19

Counsel for the Respondents: SRI GADI PRAVEEN KUMAR DY. SOLICITOR GENERAL OF INDIA

¶20

The Court made the following: ORDER

¶21

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

¶22

W.P. No.1O352 of 2o25

¶23

ORDER:

¶24

Questioning the action of the respondent No.2, Regional Passport Ofhcer, in issuing impugned refusal letter dated 27.O3.2025, wherein and whereby the petitioner was informed that in view of pending Criminal Proceedings in Crime No. 178 of 2018 vide S.C. No.714 of 2024 before the X Additional District and Sessions Judge, L.B. Nagar and Crime No.3O5 of 2Ol2 before the XIV Additional Chief Metropolitan Magistrate, Hyderabad, and the office can reconsider the petitioner's application, if the petitioner submits acquittal orders or obtain permission to depart from India from the same Court where the criminal proceedings are still pending, the petitioner filed the present writ petition.

¶25

It is submitted by the le arned counsel Sri Katika Ravinder Reddy appearing for the petitioner that the petitioner filed Criminal Petition No.8436 of 2024 before this Court seeking to quash the C.C. No.12766 of 2019 on the hle of the XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, which is numbered as against the Crime No.3O5 of 2OI2 before the Rainbazar plice, and the said criminal petition was allowed by quashing the C.C. No.12266 of 2019. Hence, the criminal proceedings in Crime No.305 of 2Ol2 are not pending as against the petitioner, as stated in the impugned letter dated 27.03.2025. It is further submitted that onlv the criminar

¶26

,1.

¶27

NVSK,.J !l P No 10352 of-2025

¶28

2

¶29

-I

¶30

Proceedings in Crime No. 178 of 2O 18, which is numbercd as S.C. No.7 i4 of 2024, on the file of the X Additional District and Sessions Judge, 1,.B. Nagar, is pending

¶31

It is further submitted that this Court, taking into consideration the.principle laid down by the Hon'ble Supreme Court in vangala kasturi Rangacharyulu Vs. Central Bureau of Investigationl, disposed of severai writ petitions with certain conditions and sought to pass similar order.

¶32

On the other hand, the learned Standing Counsel appearing for the respondents does not dispute the same.

¶33

Having considered the submissions made by the learned counsel on eithcr side and with their consent, this writ petition is disposed of with the following conditions:

¶34

(i) The petitioner sha1l submit an undertaking along with an affidavit before the X Additional District and Sessions^judge, L.B.Nagar, in S.C. No.714 of 2024, stating that the petitioner will not leave India during pendency of the said S.C. without permission of the Court and the petitioner will cooperate with the Trial Court in concluding the criminal proceedings.

¶35

(ii) The Trial Court shall issue a certified copy of the undertaking along with an afhdavit within Two⁽²⁾ weeks from the date of fi1ing of the undertaking.

¶36

'^{lo2o crl.L.J. (sc)571}

¶37

NVSK, J w.P No.10352 of2025

¶38

)

¶39

(

¶40

(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 his application lor renewal of passport.

¶41

(iu) The Passport Authority shall consider the documents in the iight of the observations made 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.

¶42

(v) The Passport authority is directed to renew the passport of the petitioner without raising the objection relating to the pendency of the criminal proceedings before the Trial Court.

¶43

(vi) The petitioner shall deposit the original passport before the X Additional District and Sessions Judge, L.B.Nagar, in S.C. No.714 of 2024 after renewal of the passport.

¶44

(vii) The petitioner shall be at liberty to lile an application before the X Additional District and Sessions judge, L.B.Nagar, in S.C. No.714 of 2024, seeking permission to travel outside India. The X Additional District and Sessions Judge, L.B.Nagar, shall consider the same in accordance with law.

¶45