Telangana High Court
Shaik Mohammed vs The Union Of India on 24 November, 2025
Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.35298 OF 2025
ORDER:
The Writ Petition is filed challenging the inaction of
Respondent No.2 in not renewing the petitioner's passport vide
application reference No.25-106205882, on the ground of pending
criminal proceedings in C.C.No.3138 of 2020 on the file of the XIV
Metropolitan Magistrate, Cyberabad at Rajendra Nagar, Ranga
Reddy District.
2. Heard Sri Mohammad Adnan, learned counsel for petitioner
and Sri A.Nehru, learned Standing Counsel for respondent Nos.1
and 2. Perused the record.
3. 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.2422 of 2024, dated 26.02.2024.
4. Learned Counsel for the respondents submits that a criminal
case vide C.C.No.3138 of 2020 under Section 332 r/w 34 of IPC on
the file of XIV Metropolitan Magistrate, Cyberabad at Rajendra
Nagar, Ranga Reddy District, is pending against the petitioner. It is
submitted that the respondent authorities would consider the
petitioner's application for a period of one year only, if he obtains
permission to travel abroad from the court where the criminal case
is pending against him.
5. Be that as it may, considering the judgment of the coordinate
Bench of this Court in W.P.No.35056 of 2023, dated 02.01.2024,
and the purpose for which the passport is being requested by the
petitioner, this Court directs the respondent No.2 to renew the
passport of the petitioner on the following conditions:
i) The petitioner herein shall submit an undertaking along
with an affidavit in C.C.No.3138 of 2020, pending on the file of
the XIV Metropolitan Magistrate, Cyberabad at Rajendra Nagar,
Ranga Reddy District, stating that he shall not leave India during
pendency of the said C.C., without permission of the trial Court
and that he shall cooperate with trial Court in concluding the
proceedings in the said C.C.
ii) On filing such an undertaking as well as affidavit, the
trial Court shall issue a certified copy of the same within two (2)
weeks therefrom;
iii) The petitioner herein shall submit an application
afresh along with certified copy of this order as well as the
aforesaid undertaking before the Passport Officer / Authority
concerned for renewing the passport;
iv) On filing such an application, the Passport Officer/
Authority shall consider the same afresh in the light of the
observations made by this Court herein as well as the contents of
the undertaking given by the petitioner for renewing of the
passport, in accordance with law, within three (03) weeks from
the date of said application;
v) Respondent No.2 shall consider the Passport Rules,
1967 while considering the application for renewing of the
passport to the petitioner;
vi) The competent authority shall specify the permission
period of one year for the petitioner to retain the passport for
travelling 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.
vii) Any other condition as deemed appropriate by the
trial Court.
6. Accordingly, the Writ Petition is disposed of. There shall be
no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition,
shall stand closed.
___________________________
NAGESH BHEEMAPAKA,J
Date:24.11.2025
BV
