Syed Hameed Vs The Union of India

syed Hameed, S/o late syed Azam, aged 35 years, occ. service in Saudi Arabia, Permanent R/o Qtr.No.223lF, BHEL Township, Ramachandrapuram, Hyderabad-32.

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Presently residing at Riyadh, Saudi Arabia. Represented by his power of attorney Mr. Syed Khalid s/o late syed Azam, Aged about 37 years, occ . Business, R/o 1 136, Gopinagar, Chandanagar, R.R.District.

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...PETITIONER

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AND

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The Un ion of lndia, Rep. by its secretary, fr4inistry of Externar Affairs crv Division TV1 Section, Patiala House Annexe, Government of tndia, New Delhi.

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consular, lndian Embassy, Embassy of lndia, Riyadh, saudi Arabia.

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The State of relangana, Rep. by its^principal Secretary, Home Department, Secretariat, Hyderabad.

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The Station House Officer, P.S. Chanda nagar, Hyderabad.,

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Respondent nos.3 and 4 are impleaded as per c.o.dt.16.oz.2o26 in lA No.212026.

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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 pteased to issue a Writ order or orders direction or directions more particularly one in the native of Writ of Mandamus declaring the action of Respondent No.2 in not renewing the Passport No. P3558682 made vide File Number SAUA7343636292511 dated 15-12-2025 as illegal, arbitrary and without jurisdiction and to consequently direct the Respondents to forthwith renew the Passport of the Petitioner made vide file Number

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S4U473436362925/1 dated 15-12-2025 for a period of 10 years under section 10 of Passports Act 1967 and under Rule 12 of Passport Rules 1980 without reference to the criminal H<ln'ble Vl Additional District and Sessions Judge, Ranga Reddy District at Kukatpally iand also the Gazette Notification issued by the Central Government vide GSR No.570E dated 25-08-1993, in the interest of justice.

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l.A. NO: 1 OF 2026

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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 may be pleased to pass interim orders directing the Respondents to renew the Passport of the Petitioner made vide file Number SAUA73436362925/1 dated 15-12-2025 for a period of 10 years under serction 10 of Passports Act 1967 and under Rule 12,of Passport Rules 1980 without reference to the criminal proceedings pending against the Petitioner in SC No.16312024 on the file of Hon'ble Vl Additional District and Sessions Judge, Ranga Reddy District at Kukatpaily and aiso the Gazette l.lotification issued by the Central Goventment vide GSR No.570E dated 25-08-1993, in the interest of justice, pending dispos;al of the writ petition.

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Counset for ttre Petitioner: SRI SYED AZHAR AHMED BAIG

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Counsel for ttre Respondent No.1: Ms. N.V.R.RAJYA LAKSHMt, SC FOR CENTRAL GOVT. REP. SRI N.BHUJANGA RAO,

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DEPUW SOLICITOR GENERAL OF INDIA

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Counsel for ttre Respondent No.3 & 4: GP FOR HOME

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A

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WRIT PETITION No.3697 of 2o26

02.o3.2026

Between:

Syed Hameed

...Petitioner

AND

The Union of India,

Rep.by its Principal Secretarlr,

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Ministry of External Affairs CTV Division, TVl Section, Patiala House Annexe

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Government of lndia, New Delhi and 3 others

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...Respondents

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ORDER:

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The petitioner is aggrieved by the refusal of the 2nd respondent-Passport authority to renew the passport of the petitioner on the ground that there are criminal proceedings pending against him in S.C.No.163 of 2024 on the lile of the VI Additional District and Sessions Judge, Ranga Reddy, at Kukatpally.

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Heard Mr. Syed Azhar Ahmad Baig, learned counsel for the petitioner; and Ms. N.V.R. Ra.jya Lakshmi, learned Standing

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:l : :t iii i I

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Counsel representing Mr. N. Bhujanga Rao, learned Deputy Solicitor C.eneral of India. Perused the record.

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Learned counsel for the petitioner submits that the petitioner is employed at Saudi Arabia, and his passport is valid until 04.08.2026, and mere pendency of criminal proceedings cannot be a ground to refuse issuance / renewal of the passport. 4. Per :ontra, learned Standing Counsel would refer to the judgment of the learned Division Bench in W.A.No.L28 of 2026, dated 05.02.2026, and submit that the petitioner has to obtain NOC from the concerned trial Court and thereafter approach the passport authority for renewal of passport; however, in the instant case, the petitioner has not approached the concerned trial Court for obtaining NOC, and therefore the impugned refusal of the passport authority under Section 6(21 of the Passports Act, cannot be said to be arbitrary or illegal.

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Consiidering the respective submissions, at the outset, it is relevant to refer to the judgment of the Hon'lete Division Bench in W.A.No.l2B of 2026, dated 05.02.2026, tlr.e relevant portion of which reads as follows:

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"l'he right course for the appetlant in such circumstances is to approach the concerned Court ol' criminal jurisdiction with an application for issuance of no objection certificate and such other ancillary prayers as may be sought in the facts and circumstances of the case. Needless to say

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that if such application is made before the learned Court, it would take up the matter as early as possible, preferably, within the same week and after hearing the parties, pass such orders as may be required in accordance with law within a period of two (2) weeks thereafter.

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The learned Senior Counsel for the appellant at the end submits that on account of inability of the appellant to appear before the learnbd Court on 27.12.2025, a petition under Section 317 of Cr.P.C. to dispense with his personal appearance was filed before the learned Court and the same is pending. The appellant is at liberty to press the said application before the learned Court while seeking issuance of no objection certificate through appropriate application as observed hereinabove."

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In the instant case, the petitioner is said to be workingⁱⁿ Saudi Arabia, and in view of the^pending criminal^proceedings against him in S.C.No.163 of 2024 on the file of the VI^Additional District and Sessions Judge, Ranga Reddy, the^passport aothority refused to renew.

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In that view of the matter, and considering the^judgmentof the Honble Division Bench in W.A.No.128 of 2026,^dated 05.02.2026, the petitioner is granted liberty to^{approach the VI} Additional District and Sessions Judge,^{Ranga Reddy, and file} an apptication for issuance of NOC for renewal of^{passport. Upon} filing such application, the trial Court shall would take^{up the} matter as early as possible, preferably, within the^{same week} and after hearing the parties, pass such'orders^{as may be}

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required in accord€rnce with [aw. Upon the petitioner furnishing the Noc before the passport authority, the sarne shall be considerect by the passport authority for renewal of the passport in accordance with law.

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