Passport authority refused renewal of petitioner's passport citing pending criminal case. Court directed respondent to consider renewal application afresh subject to undertakings not to leave India without trial court permission and depositing passport with trial court.
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t339 0'j
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 22229 OF 2025
Between:
Samea Syed Sarosh, W/o. Syed Sarosh, Aged about 55 years, Occ. Household, Rl/o. Plot No.'l 58, Road No. 73, After TV 5, Jubilee Hills, Hyderabad - 500033.
Presently residinq at Dubai Address, Casa Villa 82, Arabina Ranches 2, ST3, Dubai. Represented by his GPA Holder Mohammad Abdul Khadar, S/o. Mohammed Azam, Aged about 60 years, Occ. Business, Rl/o. H. No. 1-2-42, Govt. Hospital' Jangaon' Telanagana ...pETrrroNER
AND
R5 is impleaded as per C.O. dt.0S.09.2025 in lA. No.2l2O25
Petition under Article 226 of the Constitution of India ,rri,ii:i:iifl;: c'rcumstances stated in the affidavit fired therewith, the High court may be pleased to issue writ, order or direction, one more particurarly in the nature of a writ of Mandamus decraring the action of the Respondents more particurarry Respondent No.2 and 3 in not renewing the petitioner's passport bearing No. N0882629, Fire No.Hy3078665504.r'r 5 and directing the petitioner to produce ,,No objection certificate" in order to renew the passport as iflegar, arbitrary and without jurisdiction and to consequenfly direct the more particurarry Respondent No.2 to forthwith consider the Petitioners application vide receipt No. 25_ 200367969 for renewal the Petitioner's passport bearing No. N0Bg262g, File
No.. HY3078665504'l 15 for a period of 10 years, under Section 10 of Passpgrls Act, 1967 and unde: Rule 12 of Passport Rules, 1980 withoLrt reference to criminal proceeding pendingl against the Petitioner in C.C. No. BBG of 2022 on the file of the Hon'ble Xlll Additional Metropolitan [/agistrate, Cyberabad at Rajendra Nagar and also the Gazette Notification issued by the Central Government vide GSRNo. 570E dated 25.08 1993
lA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in srrpport of thepetition, the High Court may bepleased to direct the Respondents more particularly Respondent No.2 to forthwith consider the Petitioner's applicatir: n vide receipt No. 25-200367969 forrenewal of passport bearing No. N0882629; File No.HY30786655041 15 for aperiod of 10 years, under Section 10 of Passports Act, 1 967 and under Rule1 2 of Passport Rules,1 980 without reference to r;.iminal proceeding pending against the Petitioner in C.C.No. 886 of 2022 on the file of the Hon'ble Xlll Additional Metnlpolitan Magistrate, Cyberabad at Rajendra Nagar
Counsel for the Petitioner: SRI GUNNA RAGHU CHANDRA
Counsel for Respondent Nos. 1:SMT. N V. R. RAJYALAKSHMI
Counsel for RespondentNo. 3: SRI N. AVANEESH
The Court madethe following: ORDER
.IHE T[ON'BLE SRI JUSTI(]F] NAGESH BIIEE,MAPAKA WRI'I- I'1.1'll'I ON No.22229 of 2025
ORDER:
Thc petitioner submitted an Online Application No.HY3078665504115 for renewal ol herPassport, however, the respondent-passpoft authority has rctused to renew herpassport on the ground that she is facing crirninal proceedings in C,C.No.886 of 2022 on the file of the XIII AdditionalMetropolitan Magistrate, Cyberabad at Rajendra Nagar.
i) The petitioner herein shall subrnit an undertaking along with an affidavit in C.C.No.886 of 2022, pending on the file of Xlll Additional Metropolitan Magistrate. Cyberabad at Rajendra Nagar, stating that she
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sha!: not leave lndia during perdency of the said C.C., without permissrrn of the trial Court and that she shall cooperate with trial Court in concluCing 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 therefronr,
iii,r The petitioner herein shall submit an application afresh along with certifred copy of this order as well as the aforesaid undertaking before th,l Passport Officer / Authority concerned for renewal of passport;
iv) On filing such an application, the Passporl Officer / Authority shall consiler the same afresh in the light of the observations macje by this Court herein as well as the contents of the undertatrng given by the petitioner 1i)r renewal of passport, in accordance with law, withrn three (03) rveeks from the date of said application;
v) Respondent No.3 shall consider Rule 12 of the Passport Rules, 196;' while considering the aforesaid applicatiorr submitted by thepetition,:r;
vi) On issuance of the Passport, the petitioner herein shall deposit the s;ame before the trial Court in C.C.No.886 of :2022pending on the file rf Xlll Additional Metropolitan Magistrate. Cyberabad at Ra.jendra Nagar; and
vii) [-owever, liberty is granted to the petitioner herein to file an application h,efore the learned Magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.
Miscellancorrs petitions, if any pendi nBr shall standclosed
. A, SRINIVASA REDDY tgrANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To, 1 The Xlll Additior.lal MetropolitanMagistrate, Cybe dat Rajend ranagar. 2 The Secretary, L nion of lndia, Ministryof ExternaIAarrs Secretariat, Hyderab ad Also at Central Registry,74 B, SouthBlock.N ew Delhi. 3. The Regional Passport Officer, Door No. 8-2-2151o 219, Adjacent to Prashant theatre, Kummarquda, Secunderabad- 500008
HIGH CO RT
DATED: 10t1\l2ozs
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ORDER
WP.No.2Z 229 of2025
DISPOSINGOF THE WRIT PETITION WTTHOUTCOSTS
1)'
1 issue framed by the court
Whether passport renewal can be refused solely because the applicant is an accused in a pending criminal case.
4 provisions across 4 enactments
Samea Syed Sarosh
Union of India, Rep. by its Secretary, Ministry of External Affairs
Consulate General of India, Dubai
The Regional Passport Officer
Bureau of Immigration, Ministry of Home Affairs
Smt. Santha Kumari Bollina
Nagesh Bheemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
