Syed Akramuddin Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

Syed Akramuddin Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to Respondent Nos. 2-4 to follow the procedure contemplated under Section 6(2)(f) of the Passports Act, 1967 and the Rules made thereunder, subject to conditions: (i) petitioner to file undertaking-cum-affidavit in C.C.No.7692 of 2022 that he will not leave India without court permission and will cooperate with the trial; (ii) trial Court to issue certified copy within two weeks; (iii) Passport Officer/Authority to consider the renewal application afresh, in accordance with law and the Passport Rules, 1967, within three weeks from the date of application. No order as to costs; miscellaneous petitions, if any, to stand closed.

Issue for consideration

Whether the action of Respondent Nos. 2, 3 and 4 in impounding the petitioner's passport on the ground of a pending criminal case and without affording an opportunity of hearing is illegal, arbitrary and violative of principles of natural justice, and whether the passport bearing No. N3640761 (expiring 07.10.2025) should be released/renewed.

Court's answer

Taking into account the order dated 22.02.2024 in Crl.M.P.No.1185 of 2024 in C.C.No.7692 of 2022 and this Court's order dated 11.09.2023 in W.P. No.26325 of 2022, the Court directed the respondents to follow the procedure contemplated under Section 6(2)(f) of the Passports Act, 1967 and the Rules made thereunder, subject to specified conditions.

Ratio / Principle

Condition imposed: the petitioner shall submit an undertaking along with an affidavit in C.C.No.7692 of 2022 stating that he shall not leave India during its pendency without permission of the Court and shall cooperate with the trial Court in concluding the proceedings; on such filing, the trial Court shall issue a certified copy within two (2) weeks therefrom; any other condition may be imposed by the trial Court as deemed appropriate.

Key takeaways

On filing of the undertaking and affidavit, the Passport Officer/Authority shall consider the application for renewal of the passport afresh, in the light of this Court's observations and the contents of the undertaking, in accordance with law, within three (3) weeks from the date of the said application; Respondent No.2 shall consider the Passport Rules, 1967 while considering the renewal application.ratio¶42-43
The writ petition is disposed of in terms of the above directions, with no order as to costs.ratio¶46-47

Detailed headnote1 paragraphs

Passports Act, 1967 - Section 6(2)(f) - Impounding/renewal of passport of a person arraigned in a pending criminal case - Petitioner (accused in C.C.No.7692 of 2022 before the XV Additional Chief Metropolitan Magistrate, Hyderabad; non-bailable warrants pending) challenged the impounding of his passport No. N3640761 (issued 08.10.2015, expiring 07.10.2025) by Respondent Nos. 2, 3 and 4 on the ground of the pending criminal case and without an opportunity of hearing, by way of a writ petition under Article 226 of the Constitution of India - After the Magistrate's order dated 22.02.2024 in Crl.M.P.No.1185 of 2024 recalling the earlier orders, and placing reliance on this Court's order dated 11.09.2023 in W.P. No.26325 of 2022 - Held, directing the respondents to follow the procedure contemplated under Section 6(2)(f) of the Passports Act, 1967 and the Rules thereunder, subject to: (i) petitioner filing an undertaking-cum-affidavit in the C.C. not to leave India without the Court's permission and to cooperate with the trial; (ii) trial Court issuing a certified copy within two weeks; (iii) Passport Officer/Authority considering the renewal application afresh, in accordance with law and the Passport Rules, 1967, within three weeks - Writ petition disposed of; no costs; miscellaneous petitions closed.

[3300 ]

IN THE HIGH COURT^{FOR THE STATE OF TELANGANA AT HYDERABAD} (SPecial Original Jurisdiction)

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

PRESENT

THE HON'BLE SRI JUSTICE^{NAGESHBHEEMAPAKA}

WRIT PE TITION NO: 9006^{OF 2025}

Between:

Sved Akramuddin S/o Syed^{Azeemoddrn,Aged about 37 yrs, Occ. Unemployed,} Rio. 12-5-124, Bhagath Cblony,^{Nizambad - 503001' Telangana.}

...PETITIONER

AND

Union of lndia, tvlinistry of^{External Affairs, Rep by its Secretary,E-Block,} Central Secretariat, New^Delhi.

Regional Passport oflice,^{Rep. by Regional Passportofficer,P_as^sportOffice} D.No. 8-2-215 to 219, Near^{Prashant Theatre, Secunderabad - souou3,I s'}

Senior Superintendent,^{LC Passportgffice} -D.No^{- 8-2-215 to 219,Near} Prashant iheatre, Secunderabad^{- 500 003, TS.}

lmmigration Officer, Arrival^{Batch, Bureau of lmmigration, Ministry of Home} Affairs, Government of lndia.

Station House Officer,^{WPS, South Zone, Hyderabad, Telangana'}

Avesha Begum^{W/o Syed Akramuddin,H.No.'17-2-18118312,WahedColony} R'ain Bazar, YakutPura.^HYd.

...RESPONDENTS

Petition under Article 226 of^{lhe constitutionof lndiapraying that in the} circumstances stated in^{the affidavit filed therewith,the High courtmay be} pleased to issue a writ or order more^{particularlyone in the natureof writ of} Mandamus declaring^{the action of the Respondent No.2, 3 and 4 by impounding} the Petitioner's^{passporton the groundof pending criminalcase and without} giving an opportunity of hearing as^{illegal, arbitrary, unjust, unconstitutio nal and in} violation of^{principlesof naturaljustice and consequentlydirect the Respondents}

.,'?

to release the passport bearing No.N3640z61 issued on g.10.2015 as the same rs going to expire on 7 .' O.20Zs

lA NO: 1 OF 2025

Petition und:r Sectron 151 cpc praying that in the circumstances stated in the affidavit filed 1n ;upport of the petition, the High court may be pleased to direct the Responciert No.2, 3 and 4 to rerease the petitioners passport bearing No. N3640761 issuec on 8.i0 2015 as the same is going to expire on r.10.2025, and the same is going to be expire on 07.10.2025, pending cisposar of the main Writ Petition

Counsel for the Petitioner: SRI HINA MALHOTRA

Counsel for the Respondent No.1 to 4: S.C. FOR CENTRAL GOVERNMENT Counsel for the Respondent No.S: Gp FOR HOME

Counsel for the Respondent No.6: --

The Court made th,: fr>llowing: ORDER

THE HON'BL^{E SRI JUSTICENAGESH BHEEMAPAKA}

WRIT PETITION^{No.9006 0F 2025}

ORDER:

'l'hc Writ Petition is fited challenging^{theinaction of} Rcspondent^{Nos. 2,3,andr+inimpounding the Petitioner's} passporl on the^groundofa pending criminal^case,and conscqucntly,^{to direct the respondents to release the passport} bearing No.^{N3640'/51, issuedon O8' 10'2O15, as the same is gcing} to crpit^cr ott^{07 .lO .2025.}

iir:ard Sri Hina^{lvlalhotra, learnedcounscl for the petitloner,} ). :r,nd thc learned^{Standing Conrrselfor the CentralGovernment lor} respondcut No.^{1. Perused the record'}

Learncd counsel for^{thepetitionersubmits thatmere} arraignine nt oi^{ttre petitioner in a criminal case cannot be a ground} ibr denLal of a^{passport. On instructions,learneci counselfor the} pctitiorrer submits ttllai, uide^{order dated22} 'O2 '2024^{, the orders} \,ercr rr:called by tire^{iearnedXV AdditionalChiefMetropolitan} l"{agistrate at l{yclerabad, and^{further subrnitsthat the petitioner} liled a fresh representation^{before the a,uth orities to reconsiderthe} issue pursuant to the order^{p.issed by thesaid Court on}

2

NBK..l^'! " l, 9u06 luti

22.O2.2024. He lurther relies on the judgment of this Court in W.p No.26325 of 2C22. dared 1t.O9.2023.

I-carncd ccunsel for lhe respondents sllbmits thaL srnce non bailable warrarrrs are pending against the petitioncr. the application of th: petitioner \.as not forwarded. It is submitted that the respondc nt authorities u,ould consider lhe petitloner,s application if lre obtains permission to travel abroad from the court rvhcre the crimin al cases are per-rding aeainst him.

Considcrtnq the submissions made by bottr thc learnecl counsci, and i11 vieq' of the order daLed 22.02.202.1 passed by the learned XV Addiiional Chief Metropolitan^'Magistrate at Hyclerabad in Crl.M.P.No.llB5 of 2024 in C.C.No.7692 of 2022, aLrd taking into account the ord<:r dated 11.O9.2023 passed by this Court rn W.p. No.26325 of 2022, this Court directs the respondents to follou, the procedure conlerr-Lplatcd under Section 6(2)(f) of thc lrassporrs Act, 1967, and the Ilules rnade thereunder, subject to the folLorving conditions:-

i) The pctitioner herein shall submit an undertaking along with an affida.vit in C.C.No.7692 of 2022, pending on the file of 11,.^{Xy Additional MetropolitanMagistrateat Hydirabad., stating} that he shall not leavc India during pendency of the said C.C.I vrithout permi.ssion of the Court and that he shall cooperate with trial Court in ,:oncluding the proceedings in the said C.C. ii) On filing such an undertaking as well as aiFrd.avit, the trial Court sh:rll issue a certifred copy of the same within two (2) weeks therefrom;

.NtsK,J rvP t006 2025

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-iii)^{The PassportOfficer/ Authority shall considerthe}

same afresh in the light of the .observationi made by this Court hc1;i.n as well as the contents of the undertaking siven bv the perruoner tor renewing of the passport, in accordin-ce witi law, within three (O3l weeks from the datt ofsaid application; iv) Respondent No.2 shall consider tie passport Rules,

1967 while _^{consideringthe applicationfor} renewing of the passport to the petitioner; v) Any other conditiorr as d.eemed apptopriate by the trial

Court.

Accorclingl-1,-, the Writ petition is disposed of. There shall be

no ordcr as to costs.

Miscellaneous petitions, if any, pending in this Writ petition,

shall stand closed

SD/. C. DEEPIKA A ISTANT REGISTRAR

//TRUE COPY//

ECTION OFFICER

To

The Secretary, Union of tndia, Ivlinistry of External ,,qlairs, e-Atock, Central Secretariat, New Delhi. )

Z !h.q [egi91al Pasgpo( Officer. Regional Passport Office, passport Office D.No.8-2-215 to 219, Near Prashant Theatre, Seiunderabad - 500 b03, TS.

The Senior Superintendent, LC Passport Office D.No. 8-2-2j S to 219, Near Prashant Theatre, Secunderabad - 500 003, TS

The lmmigration Officer, Arrival Batch, Bureau of lmmigration, tVlinistry of Home Affairs, Government of lndia.

The Station House Officer, WPS, South Zone, Hyderabad, Telangana.

One CC to SRI HINA IVALHOTRA, Advocate IOPUCI

One CC to S.C. for Central Government [OPUC]

Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

Two CD Copies

IVP PVL

{^,

CC TODAY

HIGH COURT

DATED:2711012025

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ORDER

WP.No.9006 of 2025

DISPOSING OF THE WRIT^PETITION

WITHOUT COSTS

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