Wife sought a mandamus directing police to seize and deposit her husband's passport as he might abscond during a pending dowry harassment trial. The court noted the criminal case is pending before the trial court and permitted the petitioner to seek appropriate remedy there.
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[32s5 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(S pecial Original Jurisdiction)
THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE N,V.SHRAVAN KUMAR
WRIT PETITION NO: 26692 OF 2025
Between:
lzmaBegum,W/o Saif Ullah Khan, Aged about 30 years, Occ Housewife, R/o Meminpur, Utnoor Village and Mandal, Adilabad District ii
AND i
4 Saif Ullah (han @ Saif Khan, S/o Faizullah Khan, Aged about 31 years, Occ Driver, F/o Budhwarpet, Nirmal Locality, Nirmal District.
I:
t ...RESPONDENTS !i Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, tfre Higrh' Court may be ,t pleased to issue an appropriate Writ, Order or Direction, more iarticularly one in '1 I +i, the nature of Writ of Mandamus, to declare the inaction of the iespondent No. 2 .l .j and 3 in taking action to seize and deposit the passport bearing No. V1 774g29 of respondent No.4 herein in connection with C.C.No. 280 OF 202-3 pending on the file of Judicial First class MLgistrate at Utnoor, Aditabad oistricll pursuant to the written representation dated 16-02-2025, inspite of petitioner's rLleateO visits, as being illegal, arbitrary, unlus't and unconstitutional { {.!
::
I tiiif!:t
lA NO: 1 OF 2025
Petition under Section 15'1 cpc praying that in the ci -r umstances stated in the affidavit filed in support of the petition, the High Court m,r ,be pleased to pass orders directing the respondent No. 3 herein to ensure that 1e respondent No.4 does not reave the country and deposit his passport bearing I o. v1774g2g before the concerned Court, pending disposal of the main Writ petit c r,
Counsel for the petitioner: SRl. GAJANAND CHAKRAVARTI I
Counsel for the Respondent Nos. 1to3: SRI M. SRINIVAS, GI FOR HOME Counsel for the Respondent No.4:_-
The Court made the following: ORDER
I
I I
I I
THE HONOURABLE SRIJUSTICE N.V.SHRAVANKUMAR WRIT PETITION No.25692of 2025
ORDER
Heard learned counsel for the petitioner and Sri.M.Srinivas, learned Assistant Govcrnmcnt Pleader for Home appearing for respondent Nos-1to 3 With thcir consent, this writ petition is being takcn up for disposal atthe admission stagc itsclf
" to tltclare tlrc inaction of the respondent No.2 and 3 in takirtg actiott to seizt antl dcltosit tltc passport bearing No.V7774929 ofrespondent No..1 /rcrcir itt cottttcction ioitlt C.C No.280 OF 2023 pendittg on tlr flcof [uLlicinlFirst Clsss MagistrateUtnoor, Adilabad District, pursuotrl to tltt rlritten representation dated 16.02.2025utspite ofnry reltcotecl risits as being illegal, arbitrary, unjust and unconstitutional."
)
of thc petitioner is that though C,C.No .280 ctf 2(\23 is pt,rr rng before the Tnal Court, the respondcnt No.4 TS trving to abscond frt r r India, hcnce, the petitioner on 16.02.2025 made a representation and r: luested respondent authoritics to seizc the respondont No.4 passport [,: ring No.Y1774929 Howcver, till datc the same has not been scized. Aggn(':d b1'the same, the p{esent writ petition is filccl
6- With the aLxrr.c o[rst.n'.rtion, this r.r,rit petiti,,r ls dispose'd of Misccllaneous applications, if an_r, pendrng, shall stantl cl,,r ccl. No orcler as to
costs
) )/. L. VIJAYA LAXMI I S TANT REGISTRAR \ --.--- //TRUE COPY// SECTION OFFICER
To, \ 1 The Secretary, Home Secretariat, Government o[ elar 1 ana.Hyderabad 2 The Superintendent of Police, Adilabad District. 3 The Station House Officer, Utnoor PoliceStatro n Adilabz I District 4 One CC to SRl. GAJANAND CHAKRAVARTHI,Advocse [OPUC]
a(.r c)
B I\4 GJP MMT
HIGH COURT
DATED:0410912025
\
ORDER
'i
i--: ).. lt iii" Yi /
, ,./
"1
WP.No.26692 of 2025
IiI:
:
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
os,
1 issue framed by the court
Whether police inaction in seizing the accused's passport pending C.C.No.280 of 2023 was illegal despite the petitioner's representation
2 provisions across 2 enactments
Izma Begum
The Government of Telangana, rep. by its Secretary, Home Secretariat
The Superintendent of Police, Adilabad District
The Station House Officer, Utnoor Police Station, Adilabad District
Saif Ullah Khan @ Saif Khan
N.V. Shravan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
