Telangana High Court
Mirza Zeeshan Ali Baig vs The Union Of India on 3 September, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.24154 OF 2025
ORDER:
This Writ Petition is filed aggrieved by the inaction of the respondents in rejecting the petitioner's application No.HY7075452639625, dt.07.08.2025 (reference No.25- 1057522250) for reissuance of passport No.R1578920, dt.28.06.2017, on the ground of pending criminal proceedings vide
(i) Crime No.24 of 2023 registered as CC.No.8657 of 2023 and
(ii) Crime No.200 of 2024 of P.S.Masab Tank, and asking the petitioner to submit permission/NOC from the concerned Court, as being illegal, with a consequential direction to the respondents to reissue passport No.R1578920, dt.28.06.2017 to the petitioner without reference to the pending criminal cases.
2. Heard learned counsel for the petitioner, Sri K.Aravind, learned Central Government Standing Counsel appearing for respondent No.1, and Sri G.Bhasker Reddy, learned Standing Counsel appearing for respondent No.2.
3. Learned counsel for the petitioner submits that the issue raised in this writ petition is squarely covered by the order of this in WP.No.2802 of 2024, dt.14.03.2024, wherein this Court relying upon the guidelines issued by the Hon'ble Apex Court as well as this Court in various judgments where issuance of passports are 2 pending on the ground of registration of criminal cases, held that pendency of criminal cases is not a ground to refuse passport.
4. Learned counsel further submits that following the said decision, recently, this Court passed orders in WP.No.23077 of 2025, dt.13.08.2025 directing the respondents to consider the application of the petitioner, subject to certain conditions as mentioned therein.
5. Learned counsel for the petitioner further submits that since, the petitioner is intending to pursue higher studies, the authorities may be directed to consider petitioner's passport application for a limited period of one year so as to enable the petitioner to pursue higher studies of MS as averred in the writ affidavit.
6. On the above submission being made, learned Standing Counsel appearing for respondent No.2 does not dispute the aforesaid position of law and stated that the present case is covered by the aforementioned orders of this Court, and he has no objection if this Court were to direct the authorities for considering the petitioner's passport application for a period of one year, subject to the conditions, as mentioned in WP.No.2802 of 2024 and WP.No.23077 of 2025.
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7. In view of the aforesaid submissions, this Court deems it appropriate to dispose of the writ petition in terms of the orders in WP.No.2802 of 2024, dt.14.03.2024 and WP.No.23077 of 2025.
8. Accordingly, the Writ Petition is disposed of directing the respondents to consider the petitioner's passport application No.HY7075452639625, dt.07.08.2025 (reference No.25- 1057522250) by following the procedure contemplated under Section 6(2)(f) of the Passports Act, 1967, and the Rules made there under, subject to the following conditions:
i. The petitioner shall submit undertaking along with an affidavit before the trial Court/jurisdictional Court in connection with (i) Crime No.24 of 2023 of Masab Tank P.S., registered as CC.No.8657 of 2023 and (ii) Crime No.200 of 2024 of P.S.Masab Tank, stating that he will not leave India during the pendency of the aforesaid cases without permission of the concerned Court and that he will cooperate with the trial Court/Investigating Officer in concluding the proceedings/investigation in the said cases.
ii. On filing of such undertakings as well as affidavits, the trial Court/jurisdictional Court shall issue a certified copy of the same to the petitioner within a period of two (02) weeks there from.
iii. The petitioner shall submit certified copy of the aforesaid undertakings before the Passport Officer for issuance of his passport and the Passport Officer shall consider the petitioner's application No.HY7075452639625, dt.07.08.2025 (reference No.25-1057522250) for issuance 4 of passport for a period of one year, within a period of two (02) weeks from the date of submission of such undertaking, in accordance with law.
iv. On issuance of passport, the petitioner shall deposit the same before the trial Court/jurisdictional Court in (i) Crime No.24 of 2023 registered as CC.No.8657 of 2023 and (ii) Crime No.200 of 2024 of P.S.Masab Tank. However, liberty is granted to the petitioner to file application before the trial Court/jurisdictional Court in both the cases seeking permission to travel abroad and it is for the trial Court/jurisdictional Court to consider the same in accordance with law.
Consequently, miscellaneous applications, pending if any, shall stand closed. No order as to costs.
____________________________ NAGESH BHEEMAPAKA, J Dt.03.09.2025 Note: Issue CC by tomorrow.
B/o(gra)