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
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.
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
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)
