Mohammed Mujtaba Hussain v. The Union of India

Telangana HC27 Oct 2025WP/27979/2025

Case brief

AI extract

What is this about?

Telangana HC: Pendency of criminal case not absolute bar to passport renewal; passport to be issued with conditions including undertaking not to leave India without trial court permission, certified copy from trial court within 2 weeks, fresh application to passport authority, consideration within 3 weeks, one-year validity with surrender undertaking. WP 27979/2025 decided 27.10.2025.

What did the court decide?

Writ petition disposed of with directions to Respondent No.4 to issue passport subject to conditions including undertaking not to leave India without trial court permission, certified copy from trial court within two weeks, fresh application to passport authority, consideration within three weeks, one-year validity with surrender undertaking ¶¶48

Mohammed Mujtaba Hussain Vs The Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether mere pendency of a criminal case can be a ground for denial of passport renewal +1 more

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Court's answer

Petitioner must submit undertaking and affidavit in pending criminal case S.C.No.316 of 2022 stating he will not leave India during pendency without court permission and will cooperate with trial

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Ratio / Principle

Mere pendency of criminal case is not an absolute bar to passport renewal; passport can be issued subject to conditions including undertaking not to leave India without trial court permission

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Key takeaways

Trial court shall issue certified copy of undertaking and affidavit within two weeksratio¶¶40
Petitioner shall submit fresh application with certified copy of this order and undertaking to passport authorityratio¶¶41
Passport Officer shall consider application afresh in light of court's observations and undertaking within three weeks

Detailed headnote1 paragraphs

The Telangana High Court held that mere pendency of a criminal case (S.C.No.316/2022 under Sections 376(1)(n) and 506 IPC) is not an absolute bar to passport renewal. Following a coordinate bench judgment (WP 24771/2025), the Court directed the Vice Consul (Passport), Dubai to issue the petitioner's passport subject to conditions: (i) petitioner to file undertaking and affidavit in the trial court stating he will not leave India without court permission and will cooperate with trial; (ii) trial court to issue certified copy within two weeks; (iii) petitioner to submit fresh application with certified copy and undertaking; (iv) passport authority to consider afresh within three weeks per Passport Rules, 1967; (v) one-year validity with undertaking not to overstay and to surrender passport on return. Writ petition disposed of without costs.

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[³³⁰⁰¹

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IN THE HIGH^{COURT FOR THE STATE OF TELANGANA} AT HYDERABAD

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(SPecial Original Jurisdiction)

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MONDAY, THE TWENTY^{SEVENTHDAY OF OCTOBER} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE^{SRI JUSTICE NAGESHBHEEMAPAKA}

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WRIT PETITION^{NO:2797I OF 2025}

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Between:

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Mohammed Muitaba^{Hussain,S/o. Mohammed Mustaq Hussain'Aged-about38} liffi ;-"""rfu tiiil"auli-l't.t"*ii1fl"1'ffi^{;f'T3i,":?'il,y,1?:b:l} B6bus Building, Flat^{No.106 - Dubai,UAE.}

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...PETITIONER

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AND

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1 The Union of lndia,^{Rep. by its Secretary, Ministry of External Afiairs'South} Block, Secretariat,^{New Delhi, lndia.}

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2 The Reoional Passport^{Officer,O/o. The Regional Passport Office' Door} No.8-2-215 to 219,'Kummariguda,^{Secunderabad'}

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The Consulate General^{of lndia,Al Hamriya, Diplomatic Enclave'P O' Box} i5i, r;;;i; 0;itea AiioEr*iii6s,^{Repre6entedbv its consul General'}

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4 The Vice Consul^{(Passport), Consulate General of lndia,Al Hamriya'} oibro-nltiJ Enltaie.^{p.b. Box7 37, Dubai, United Arab Emirates'}

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5 SD P.Tabassum^{Sulthana, Wo. Shaiklmam,-Ag^ed about} 12^years'Occ' Firlidl"o, rui.^{H.r.io.t-izt-t60,Road No.S Snehapuricolonv'} Secunderabad.

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...RESPONDENTS

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Petition under Article^{226 ot the constitution of lndia praying that in the} circumstances^{stated in the affidavit filed therewith'the High . Court may be} ;i";;^{i";aue a writ, oider or direction more particutarlyone in the nature of} [nliittt ft4rna.mus,^{declaring the action of the 4th respondent in not renewing the} pliiiionur" passport bearin!^{No. N11518j7^Pyltl"nt to his application vide} ippli;;ti""'Reference^{r,ruriuer (ARN)^15-2002618368 dt.20l05/20-?5 on..the} 'glJrnJ-oi p"nding criminai case vide 'S.C.tto. 316 ol 2022 on the file of the I iaJitionat bistrict-and^{Sesiions Judge-cum-Additional Family Court-cum-Special} Sessions Judge^{for Fast trackingths Cases} f-gi.lg^{to Atrocitiesagainst women'} M;;;h;i rvrarla;giri^{Districtunier section 376(l)(n)and 506 lPc'} .': ll993l' ;;ft;;t, ,n"onJtitrtionrl,-tontrary^{to the.pro.visionsof rhe Passport Act'1967} ""J^{niti"f"19 and 21of the Constitutionof lndia and consequentlydirect the 4th}

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respondent to renew^{the petitioners passportbearing No.} l]].?693-?^pursuant^to his application vide^{Application ieference Number (ARN)25-2002618368} dt.2oto5t2025 without^{reference to the said criminal case.}

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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,ifre Uigfr Court may be pleased to} direct the 4th^{respondentto renew the petitionerspassport bearing No.} N1156837^{pursuantto his application vide ApplicationReference Number(ARN)} 25-200261g36g dt.2U}y2025^{withoutreferenceto the criminal case in S.C.No.} 316 of 2022 on^{the fite of the lAdditionalDistrict and sessionsJudge-cum-} Additional Family^{Court-cum-specialSessions Judge for Fast trackingthe Cases} relating to Atroiities^{against women, Medchal MalkajgiriDistrict under section} 376(1)in) and 506^{lpC,"pending disposalof the above writ petition, in the interest} of^justice.

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Counsel for the Petitioner^{: SRI C SHARAN REDDY}

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Counsel for the Respondents^{No 1 To 4: G VENKATESHVARLUCENTRAL} GOVT COUNSEL

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Counsel for the ResPondent^{No 5: ---}

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The Court made the^{following:ORDER}

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THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A

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WRIT PETITION No.27979 OF 2o25

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ORDER:

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The writ Petition is filed challengir^g the inaction of Respondent No.4 in not renewing the petitioner's passport bearing No.N1156837 pursuant to his application dated 20.o5.2o25 on the ground of pending criminal case vide S.C.No.316 of 2022 on the file of the learned I Additional District and Sessions Judge -cunlAdditional Family court-cum-Special Sessions Judge for Fast Tracking the cases relating to Atrocities against women, Medchal, Malkajgiri District.

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Heard Sri c.sharan Reddy, learned counsel for petitioner and Sri G.Venkateshwarlu, learned central Government Counsel for respondent Nos. i to 4. Perused the record.

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Learned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this court in W. P. No.3 239 | of 2022 , dated 2L .L2.2O23.

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4- Learned Counsel for the respondents submits that a criminal case uide 5.C.No.316 of 2022 on the file of the I Additional District

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NBK,J
wP_27979*2025
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and Sessions Judge -cum- .,\dditional Family court-cum-special Sessions .Iudge for Fast Tracking the cases relating to Atrocities against women, Medchar, Malkajgiri District, is pending against the petitioner. tt is submitted that the regpondent authorities w'ould consider the petitioner's application for a period of one year only, if he obtains permission.to travel abroad fronr the court where the criminal cases are pending against him.

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Be that as it may, considering the judgment ol. the coordinate Bench of this court in w.p.No.24TTl of 2025, dzrted 18.09.202s, and the purpose for '*,hich the passport is being r.equested by the petitioner, this court directi the respondent No.4 to issue the passport to the petitioner on the following conditions:

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:i :r il

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if rhe petitioner herein sha[ submit an undertaking along with an aflidavit in s.c.No.s16 of 2022 on the Iile of the I Additional District and sessions Judge -cum- Additional Family court-cum-special sessions Judge foi Fast rracking the cases relating to .^{Atrocities against women, Medchar,- Malkajgiri} District., stating that he slia[ not leave India during pu"a"iiy or the said case., without permission of the Court ancl that he shall cooperate with trial court in concluding the proceedings in the said case;iif on filing such an undertaking as well as hffidavit, the trial court shall issue a certified copy oi the same within two (2t weeks therefrom;

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iii) The petitioner herein sha[ submit an application afresh along with certified copy of this order as welr as the aforesaid undertaking before t-he passport Oflicer / Authority concerned for issuing the passport;

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iv| On filing :T.h an application,^.the passport Officer/ Authority shall consider the slhe afresh in the light of the obsenzations made by this court herein as werl as the contents of the undertaking.givSn by the petitioner for issuing the passport, in accordance with raw, within three (o3f weerrs from the date of said application;

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NBK,J wP_27979 2025

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v) Respondent No.4 shall consider ttre Passport Rules, 1967 while considering the application for issuing of the passport to the petitioner;

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vi) The competent authority shall specify the permission period of one year for the petitioner to renew the passport for travetling abroad, and also obtain appropriate'undertaking from the petitioner stating that the petitioner shall not overstay the permitted period and shall surrender the passport upon return to India.

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vii) Any other condition as deemed app:opriate by the trial Court

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