Md.Abdul Shukoor Vs The Union of India. — Writ and Judicial Review | Telangana HC (2025)

Md.Abdul Shukoor Vs The Union of India. — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition with liberty to avail appropriate remedy as available under law; miscellaneous petitions pending in the writ petition stand closed; no costs.

Issue for consideration

Whether the High Court, exercising jurisdiction under Article 226, should restrain Respondent No.3 (Central Bureau of Investigation) from acting upon or taking coercive steps against the petitioner pursuant to any notice or proceedings received or to be received from any Authority or Courts of the United Arab Emirates, unless and until the petitioner is heard and the validity and constitutionality of such notice is adjudicated by a Competent Court in India.

Ratio / Principle

On the matter being taken up for hearing, learned counsel for the petitioner sought permission to withdraw the writ petition with a liberty to avail appropriate remedy as available under law, and the Court accorded permission.

Key takeaways

The writ petition is dismissed as withdrawn, miscellaneous petitions pending in the writ petition stand closed, and no costs are imposed.ratio¶34

Detailed headnote1 paragraphs

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) — Justice N.V. Shravan Kumar, order dated 07-04-2025. In W.P. No. 2149/2017 (Md. Abdul Shukoor v. Union of India and others), the petitioner had sought, under Article 226 of the Constitution, a writ of mandamus restraining Respondent No.3 (Central Bureau of Investigation) from acting upon or taking coercive steps pursuant to any notice or proceedings received or to be received from any Authority or Courts of the United Arab Emirates, unless and until the petitioner was heard and the validity and constitutionality of such notice adjudicated in accordance with Indian laws by a competent court in India; an accompanying I.A. No. 1 of 2017 (W.P. MP. No. 2500 of 2017) under Section 151 CPC prayed for a stay of all further proceedings by Respondent No.3 pending disposal of the writ petition. When taken up for hearing on 07-04-2025, learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to avail appropriate remedy as available under law; permission was accorded and the writ petition was dismissed as withdrawn, with miscellaneous petitions pending therein standing closed and no costs imposed.

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENW FIVE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

WRIT PETITION NO:2149 OF 2017

Between:

Md.Abdul Shukoor, S/o:Sri.Md.Abdul Quadeer,^{aged about44} Years, Occupation: Private Service No 12-2-82318/23,^lncomeTax Colony, Mehadipatnam, Hyderabad^- 28

...PETITIONER

AND

1 The Union of lndia.,, Represented by its Secretary to^{the Govemment,} Ministry of Home Affairs, South Block, New Delhi.

z The Union of lndia.,, Represented by its Secretary to^{the Govemment,} Ministry of Extemal Affairs, South Block, New Delhi.

Central Bureau of lnvestigat'rcn, Plot No 5-B,, CGO^{Complex,Lodhi Road,} New Delhi-1^'10 003, Represented by its Director.

State of Telangana, Represented by Principal Secretary^{to Home, Secratariat,} Saifabad, Hyderabad.

The Additional Director General of Police,, Crime^{Branch, Hyderabad.}

M/s Ahmed Subhani Building contracting,^{Represented by Mirza AshrafAli} Baig, Fiat No 21, Suleman Building, lmmegratio^{Road, P O.Box.77109} SHARJAH, United Arab Emirates.

...RESPONDENTS

Petition under Article 226 of lhe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit flled therewith,^{the High Court may be} pleased to issue a Writ of Mandamus or any other Appropriate Writ or^Direction, restraining the Respondent No.3 with a direction^not to^{act upon or take any} coercive steps against^{petitioner pursuant} to or^{in accordancewith any Notice or} proceedings that they might have receirred or going to be received by^{them from} any Authority or Courts of United Arab Emirates,^{unlessand until the petitioner is}

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heared and the validity and the Constitutionality of such^{Noticeis duly adjudicated} in accordance with the applicable lndian Laws by a Competent^{Court in lndia.}

!.A. NO: 1 OF 2017(WP MP. NO: 2500 OF 2017)

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^{pleasedto stay} all further proceedings by Respondent No.3 nor anyone on their behalf^including restraint from taking any coercive steps against the Petitioner,^{pendingdisposal of} the Writ Petition.

Counsel for the Petitioner: SRI S. ARUN KUMAR

Counsel for the Respondent Nos.1 to 3: PULIMAMIDI SHASHIDHAR^REDDY Counsel for the Respondent No.4: GP FOR HOME

Counsel for the Respondent No.5:---

The Court made the following: ORDER

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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION No.2149 of.2017

ORDER:

Today when the matter^{has been taken up for hearing,learned} counsel for the petitioner on virtual^{modeseekspermissionof this} Court to withdraw the writ^{petition with a liberty to avail aPProPriate} remecly as available under^law.

In vicw of the same, permission^{is accorded to withdrawthe writ} petition with a liberty to avail^{appropriate remedy as available under} la r,r,

Accordingly, the writ petition is^{dismissed as withdrawn'} N'l isccll;r neo us pctitions, if ary, pending^{in this writ petitionshallstancl}

closr.tl. No costs.

SD/.T.JAYASREE D PUTY REGISTRAR //TRUE COPY// ECTION OFFICER

To, 1. One CC to Sri S. Arun Kumar, Advocate {OPUCI . . i i;; 6d^{i6 r]i"Gptot nomi 'High courtfbr the State of Telansana'at} Hvderabad[OUT]

3 iji';"bCi;'s;Iptltimamidi^{shashidharReddv' Advocate [oPUC]}

Two CD CoPies

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T J V/BSK

HIGH COURT

DATED:0710412025

ORDER

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WP.No.2149 ot 2017

DISMISSING THE WRIT PETITION AS WTTHDRAWN WITHOUT COSTS

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