Khaja Moinuddin Khan Vs The Union or India

1 The Union or lndia, through^{Ministry of External Affairs, RgP.by.its Secretary} having office at South Bloik.^{Secretariat Building. New Delhi-lndia}

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The Regional Passport,^{Rep. by its R.P.O. Havingoffice at Clock Tower.} Secunderabad.

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Syed Rayees Ahmed, S/o^{Late Syedlbrahim} AgeO^{alo.yt59 yrl Occ Pvt.} - S6rvice R/o Flat No. 4 Building Nb. 62, Vijay Nagar College of Commerce, Vijay Nagar Colony, HYderabad

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R3 is impleaded as^{per C.O. dt.l1.09.2025in lA. No- 3/2025}

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...RESPONDENTS

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petition under A(icle 226 of the Constitution of lndia praying that in the circumstances stated in the^{affidavit filed therewith, the High Court may be} pleased to pass an order direction or^{particularly in the nature of Writ of} Mandamus declaring that the^{inactionon part of the respondent No.2in} withholding the application of^{the petitionervide applicationno. 25-1054254602.} on the^ground of^{pendency of a criminal case, arising Out matrimonialdisputeU/s} 498 A 1pC and 420^{1PC.vide CC NO. 1925OF 2024 pending on the file of XV} Addl. Chief IVl.tM. Hyderabad.^{ishighly illegal, arbitraryand violativeof} fundamental ri2ht to travel enshrined^{underArticle 21 of the Constitutionof lndia.} Consequently. this Honourable^{Court may he pleased to direct the respondent}

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NO.2 to^process the^{applicationof the petitionervide applicationno' 25-} 1054254602. and^{Re issue passport to him for a normalperiod of '10 years.}

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Prayer amended^{as per c.o.dt.1311112025in lA No.212025.}

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lA NO: 1 OF²⁰²⁵

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petition under Section 151 CPC praying that in the circumstances^{stated in} the affidavit filed^{in support of the petition, the High court maybe pleased to pass} an interim direction^{thereby' directing the respondentNo' 2 to process the} application of^{the petitioner vide application no. 25-1054254602. and lle lssue} passport to him for a normal^{periodof 10 Years'}

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Counsel for the^{Petitioner: SRI MOHAMMAD ADNAN}

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Counsel for the^{Respondents: SRt PULIMAMIDISHASHIDHAR REDDY}

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. . & Ms.ANJALI AGARWAL,STANDING COUNSELS^{FOR CENTRAL GOVT.}

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W.P.No.21987 OF²⁰²⁵

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Between:

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Khaia Nadeem uddin Khan.,^{s/o Khaja t\Ioinuddin Khan.ag-ed} about 33^{yrs. Occ.} Ariin"rJ,-Rio H.No.^{13-G-4341 A1147,-sardarBagh. PostOffice} Golconda. Langar Houz Hyderabad.

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..PETITIONER

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AND

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1 The Union Of lndia.,^{throughIMinistry of Externa.lAffairs.} 8"P.. 9y .lts Seireiary. having^{offiCeat Sorith Block. Secretariat BuildingNew Delhi - lndia.}

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2 The Regional Passport.,^{Rep. by its R.P.O. Having, office at ClockTower'} Secunderabad.

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3 Sved Ravees Ahmed,^{Sio Late Syed lbrahim Aged aloyt 59 yrlOcc Pvt'} 56*"uH/o ffai Uo.^{4, BuildingNio. 62 Vijay Nagar College of Commerce,} Vijay Nagar colonY,^HYderabad

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R3 is impleaded as^{per c.o. dt.11.09.2025in lA. No. 3/2025.}

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...RESPONDENTS

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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 pass an order, direction^{or a writ particularlyin the natureof Writ of}

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ft/andamus declaring^{that the inactionon part of the respondentNo'2 in} withholding the^{applicationof the petitionervide application no. 25-1057276781,} on the^ground of^{pendencyof a criminal case, arising out matrimonial disputeU/s} 498 A IPC and^{42OlPC,vide CC NO. 1925 OF 2024, pending on the tile of XV} Addl.thief M.M.^{Hyderabad. is highly illegal, arbitraryand violativeof fundamental} right to travel enshrined^{under Article 21 of the constitution oflndia'} Consequently, this^{HonourableCourt may be pleased to direct the respondent} NO.2 to^process the^{applicationof the petitioner vide application no. 25-} 1057276781 , and^{Re lssue passportto him for a normal periodof 10 years'}

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Prayer amended^{as per c.o.dt.l3111l2O25in lA No.212O25.}

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lA NO: 1 OF²⁰²⁵

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petition under Section 151 CPC praying that in the circumstances^statedin the affidavit filed^{in support of the petition, the High courtmay be pleased to pass} an interim direction^{thereby directing the respondent No- 2 to process the} application of the^{petitioner vide application no. 25-1057276781,and Re lssue} passport to him for a normal^{period of 10 years'}

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Counsel for the^{Petitioner: SRI MOHAMMAD ADNAN}

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c o u n s e'|^{f o} *^{h e R e s p o n d e'.} "' iflilfiF##tli: : ] [::J c o vr

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The Court made^{the following:COMMON ORDER}

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.+J.

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THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A

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WRIT Nos.2 L9a4 and,2L947 of 2O2S

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COMMON ORDER:

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These Writ Petitions are filed to declare the'action on^{the part} oI responclent No. 2 in withholding the petitioners'^passport applications bearing Application Nos.^{25-LO542546O2and 25-} 1057276781, on the ground of^{pendency o[} a^{crirnirral case arising} out of a matrimonial dispute under Sections^{498-AIPC and 42OIPC,} registered as C.C. No.1925 of 2024 pending on^the file^{of the XV} Additional Chief Metropolitan Magistrate, Hyderabad, as^illegal, arbitrary, and violative of the petitioners' fundamentzrl^{right Lo travel} abroad guaranteed under Article 2l of the Constitution^{of tndia and} consequently direct respondent No. 2 to^{process the petitioners'} applications bearing Application Nos. 25-LO54254602^and 25-T057276781 and to re-issue passports to them for^{the normal} period of 1O years, and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.

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Sri Mohammad Adnan, learned counsel for the^petitioners submitted that the issue raised in this writ petition is no longer res inteSa in view of the order, dated 19.10.2023 passed by this Court in W.P.No.29439 of 2023, wherein this Court, relying upon the

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guidelines issued by the Hon'ble Apex Court in Vangala^Kasturi Rangacharyulu v. Central Bureau of Investigation^1, where^the passports are pending on thc ground of registration of criminal cases, held that pendency of criminal cases is not a^ground to refuse the passport.

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Sri P. Shashidhar Reddy and Ms. Anjali Agarwal, learned Standing Counsel for Central Government, for respondent Nos.l and 2 have not disputed the said lact and stated that the present case is covered by the orders passed by this Court in W.P.No.29439 ot2023.

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In view of the aforesaid submissions, this Court deems it appropriate to dispose of the writ petitions in terms of the order passed by this Court W.P.No.29439 of 2023, dated. 19.LO.2023 and the official respondents are directed to consider the petitioners' application Nos. 25-1054254602 and 25-1057276781 submitted by the petitioners seeking to reissue passports on the following conditions:-

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The petitioners shall submit undertakings, along with affidavits in C.C.No.1925 of 2024 on the file of the Hon'ble XV Additional Chief Metropolitan Magistrate, Hyderabad, stating that they will not leave India during

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t 2o2o crt.L.J.(sc) 572

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pendency of the said case without permission of the Court and that thcy'*'ill cooperate with the trial Court in concluding the prclceedings in the said case;

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On filing of such undertakings as ',r',e11 as affidavits, the trial Court shall issue certified copies of the same to the petitioners within a period of t*,o (02) weeks therefrom;

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The petitioners shall submit applications afresh along with certilied copies of this order as well as the aforesaid undertakings before the Passport Officer/Authority cortcerned for rr:issuance of passport;

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On filing such applications, the passport O.fficer/Authority shall consider the same afresh in the light of the observations made b), this Cottrt herein as well as the contents of the undertakings given by the petitioners for reissuance of the passports, in accordance with law, within three (03) weeks from the date of said applications.

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Respondent No.2 shall consider Rule 12 of the passport Rules, 1967 while considering the aforesaid applications submitted by the petitioners.

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On reissuance of the passports, the petitioners shall deposit the same before the trial Court in C.C.No.L925 of 2024; and

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However, liberty is granted to the petitioners to^file applications before the learned Magistrate seeking^permission to travel abroad, and it is for thc learned^Magistrateto consider the same in accordance with law.

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5 Accordingly, these Writ Petitions are disposed^{of. There shall} be no order as to costs

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Miscellaneous applications, if anir pending, shall stand closed.

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/TRUE COPY//

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SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR l?/^

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SECTION OFFICER

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To,