Telangana High Court

WP/38502/2025 of Mohammed Fahad Yaseen Vs Union of India on 6 February 2026

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COURT FOR THE STATE OF TELANGANA At Hyderabad (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX ] PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 38502 OF 2025 [ 3300 I ...RESPONDENTS Between: AND lVlohammed Fahad Yaseen, S/o

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

At Hyderabad

(Special Original Jurisdiction)

FRIDAY, THE SIXTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

]

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 38502 OF 2025

[ 3300 I

...RESPONDENTS

Between:

AND

lVlohammed Fahad Yaseen, S/o Mohammed Abdul Rahman, aged about 27

years, Occ. Pvt Service, H.No. 18-8-2411127, IVloin Bagh Near Fazal Cafe, Riyasath Nagar, Saidabad, Hyderabad - 500059, Telangana.

...PETITIONER

1. Union of lndia, Rep by its Secretary tMinistry of External Affairs, South Block, New Delhi- 110011'.

2. The Regional Passport Officer, Regional Passport Office Ministry of External Affairs, Hyderabad. D No 82215 to 219 Adjacent to Prashant Theatre Kummarguda Post Secunderabad Hvciearbad 50003.

3. [/s. Zehra Fatima, D/o. tVd Wali Ur Rahman, Aged about 34 years, Occ.

.Employee, Rl/o. 1 B-B-241 186, lMoinbagh, Santoshnagar, Hyderabad.

Respondent no.3 impleaded as per C.O.dt.21 .01.2026 in lA No.2/2O25.

the Constitution of India praying

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2, in not considering my Application vide No. HY3063678309721 dated 25.0g.2025 (new)

File No. HY1075693162525 dated 25.O9.2025 to re-issue the Petitioners Passport notwithstanding issuing a proper explanation dated 27.11.2025 (post sent on 02.12.2025) and reply dated 05.12.2025 submitted by the petitioner to the Respondent No.2, to the Notice dated 30.10.2025 and Objection Letter dated.02.12.2025, is highly arbitrary, illegal, unconstitutional besides contrary to the provisions of the lndian Passport Act, 1967 and consequently direct the n Respondent No.2, to re-issue the Petitioners Passport pursuant to his Application vide No. HY3063678309721 dated 25.09.2025, (new) File No.

HY1075693162525 dated 25.O9.2025 in the interest of justice and to pass Prayer amended as perC.O.dt.21 .01.2026 in lA No.312025.

lA NO: 1 OF 2025

Petitic n under Eection 151 CPC praying that in the circumstahces stated in the affida'rit filed in support of the petition, the High Court may be pleased to direct the Rr:spondent No.2 to re-issue the Petitioner's Passport pursuant to his Application vide No. HY3063678309721 dated 25.09.2025, (new) Fite No.

HY1075693'62525 dated 25.09.2025 pending disposal of the writ petition in the interest of justice and pass Counsel for the Petitioner: SRI MOHD SABER

Counsel for the Respondent No 1& 2: MS N.V.R. RAJYA LAKSHMI, REPRESENTING SRI N. BHUJANGA RAO Deputy Solicitor General of lndia Counsel for the Respondent No 3: --- The Court made the following: ORDER

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wp_38502_2025

NBK, J

IN THE HIGH COURT FOR

STATE OF TELANGANA

AT HYD

RABAD

THE HON ,BLE SRI JUSTICE NAGESH B

EBMAPAKA

WRIT PETITIO

No.38502 of 2025

0feF.bruafy. 2026

Befween:

Mohammed Fahad Yaseen, S/o Mohammed Abdul Rahman

... Petitioner

AND

l. The Union of India, and others

. Respondents

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ORDER:

The petitioner is an Indian citizen, employed in Dubai. He holds an lndian passport bearing No. V4051499, valid until 02.11.2031. It is his case that his passport got water-damaged, and therefore he subrnitted an application before the 2nd respondent-passport authority on 25.09.2025 seeking re-issuance of the passport. However, the passport authority issued a letter of objection dated 01.I2.2A25 stating that the police had furnished an adverse report against him, as he was arrayed as Accused No.3 in Sessions Case No.609 of 2025 on the file of the Metropolitan Sessions Judge, Hyderabad, registered for the offences punishable under Sections 74,352, and 351(2) of the BNS Act. It is the case of the petitioner thar mere pendency of a criminal case cannot be a ground to reject or refuse the issuance/renewal of a passport, and therefore the petitioner seeks a

NBK, !- --.... direction to the respondents to re-issue the passport to enable him to travel to Dubai frr his employment. Z. F1eard Mr. Mohd. Saber, learned counsel for the petitioner, and Ms. N.V.R. Rajya l-akshmi, learned Standing Counsel representing Mr. N. Bhujanga Rao. Iearned Deputy Solicitor General"of India. Perused the record.

3. Learned counsel for the petitioner essentially contends that the petitioner's passport was originally valid until 02.1,1.2031, and as the passpoft 1;ot water-damaged, the petitioner made an application fbr re- issuance c f the passport. However, the respondent authority objected to the re-issuance on the ground of an adverse report received against the petitioner due to the pending criminal case in S.C. No.609 of 2025 on the file of the Metropolitan Sessions Judge, Hyderabad. Learned counsel contends that in similar circumstances, in W.P. No.39233 of 2025, this Court ren:wed the passport of the petitioner therein by imposing suitable conditionri, and therefore similar orders may be passed in the present writ petition at; well.

4. Learned Standing Counsel would essentially contend that the petitioner is arrayed as Accused No.3 in Sessions Case N9.609 of 2025 on the fite of the Metropolitan Sessions Judge, Hyderabad; and as per the Passport ltules, if an applicant is involved in a criminal case, the applicant has to pl'oduce a "No Objection Certificate" or permission from the concernecl Court for issuance/renewal of the passport. The passport is then issued/rer:ew€d for the duration specified in such 'No Objection

NBK, J Certificate", and if no duration is specified by the Court, the passport is renewed for a period of one year.

5. Having considered the respective submissions and perused the record, admittedly the petitioner is an accused in Sessions Case No.609 of 2025 on the file of the Metropolitan Sessions Judge, Hyderabad. Though it is stated that the petitioner's passport got water-damaged, there is no material on record to show whether the petitioner approached the Metropolitan Sessions Court seeking a "No Objection Certificate" for re- issuance/renewal of the passport. Further, there is no rnaterial on record to show whether the petitioner sought permission from the trial Court to travel to Dubai for employment purposes in vie',v of the pending criminal proceedings.

6. The petitioner now seeks re-issuance of the passport on the ground that the existing passport got water-damaged. Though the petitioner contends that his passport was originally valid until 2031 and that he is seeking re-issuance merely because the passport got water-damaged, and further contends that the validity of the new passport should be at least until 2031, it is to be noted that there are pending criminal proceedings against the petitioner. This Court has consistently been directing renewal/re-issuance of passports for only a one-year duration, in addition to imposing appropriate conditions in cases involving travel abroad during the pendency of criminal proceedings. The initial validity of the passport until 2031 cannot vest a substantive right in the petitioner to obtain a new passport valid until 2031 despite the pendency of criminal proceedings. Except for the contention that the petitioner's passport was originalty valid until 2031, that it got water-damaged, and that he is stated to be employed J

'- wp_38502_2025 -NBK,.J in Dubai, this Court does not find any plausible grounds justifying renewal for an ext:nded period by deviating from the consistent direction to renew the passport for one year in cases where criminal proceedings are pending. In that vi:w of the matter, this Court deems it appropriate to direct the respondent-passport authority to renew the petitioner's passport fbr a period of one year.

7. Fur-her, in view of the petitioner's employment in Dubai, the petitioner shall file an appropriate application before the trial Court seeking pt:rmission to travel abroad, specifying the period of travel. Upon filing such application, the trial Court shall consider the sarne and pass appropriate orders by imposing suitable conditions in accordance with law.

8. Accordingly, the r,vrit petition is disposed of directing the 2"d respondent-passport authority to renew the passport of the petitioner for a period of ,1ps year. No costs. It is made clear that if there is any violation on the part of the petitioner, in respect of the orders passed or conditions imposed by the trial Court, the trial Court shall take appropriate measures to secure the presence of the petitioner, as per law. Miscellaneous petitions, if any, pending shall stand closed. SD/.P.PONNA KRISHNA SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Secretat Delhi- 11001 ry tr/inistry of External Affairs, Union of lndia, South Block, New

2. The Flegional Passport Officer, ReglqlalP.asspg{ Ojfice tVlinistry o.f External Affain;, "Hyderabad.' D No 82215 t9 219 Adjacent to Prashant Theatre kumnrarduda Post Secunderabad Hvciearbad 50003'

3. One OC to SRl. TUOHD SABER, Advocate [OPUC]

4. One ()C to SRI N. BHUJANGA RAO Deputy Solicitor General of lndia, IOPUCI ./^

5. Two ()D copies 'WW r ' ....... -. ^.1::,:- -r.ri:iri:i=#i;1;::1:.; -- -, .:i- E:- -- ..ii -: J;r.i:^+;:.i/. . -. f.*rF-:?-:nr T ''r' r \ .,. j ', -:a#,i.':

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-/- HIGH COURT DATED:06/0212026

ORDER

WP.No.ii8502 of 2025 DISPOSING OF THE WRIT rct #*-" I. t THE S 2 5 r{:B 7q2f, ](J * * ) T KS

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