WP/129/2026 of Shaik Imran Ahmed Vs The Union of India on 9 January 2026

'[3300]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE NINTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 129 OF 2026

Between:

Shaik lmran Ahmed, S/o Shaik Ahmed, Aged about 31 years, Occ ;Private Employee, R/o 5- 10-149, Arlanyam Chalka, Nalgonda Nalgonda District.

.....PETITIONER

AND

1. The Union of lndia, Rep.by its Under Secretary, I\/inistry of External Affairs, Central Secretariat, New Delhi.

2. The Regional Passport Officer, Regional Passport Office, Near Prashanth Theatre Kummarguda, Secunderabad.

...,.RESPONDENTS

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith. tire High Court may be pleased to issue a Writ order or direction more particularly one in the nature of WRIT OF IVANDAIMUS declaring the action of the respondents in rejecting the application of the petitioner for reissue of passport No. tr/ 816'1077 vide application No. HYC077281357125 stating that there is a criminal case is pending in C.C.No 1875 of 2024 on the file of lll Addl. Civil Judge , Nalgonda, Nalgonda district is illegal, arbitrary, contrary to law and violation of Indian Passport Act and consequently direct the respondents to process of the application by reissuing passport No. M 8 1 61077 to the petitioner.

|.A.NO:1 OF 2026

Petition Under Section 151 CPC praying that in the ci :umstances stated in the affidavit filed in support of the petition, the High Court ma 7 be pleased to direct the respondents to process of the application by reissuing t r r passport tVB16'1077

to the petitioner vide Application No. HYC077281357125 da ed 7-1-2025 pending disposal of the writ petition.

Counsel for the Petitioner : SRI MOHAMMAD MUQTHAR

Counsel for the Respondents : SRI MAMIDI SAI YADAV (S( : FOR CENTRAL

GOVT)

The Court made the following ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

uIRIT PETITION No.L29 of 2026

Dated: 09.o t.2026

Between:

Shaik Imran Ahmed

. ..Petitioner

AND

The Union of India & one another

...Respondents

oRDER:

The petitioner submitted an online Applicatton (No.HYC077281357125, dated 07'01'2025) seeking issuance of a nerv Passport, however, the responclent Passport Authority has refused to issue the passport on the ground that the petitioner is facing criminai proceedings in C'C'No' iB75 of 2024 on the lile of learned III Additional Civil Judge, Nalgonda, for the offence punishable under Section 7 of Drugs & Magic Remedies Act' 1954'

2.

Heard Sri Mohammed Muqthar' learned counsel for the petitioner and Sri Mamidi Sai Yadav' learned Standing Counsel for Central Government. Perused the record'

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-..F?qt

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3.

Learned counsel for the petitioner subrr its that mere arraignment of tl-re petitioner in a criminal case carl tot be a ground for denial of passport. He relies on the judgment , f this.Court in W.P.No.2469O of 2025. datcd 03.09.2025.

4.

Learned Standing Counsel for Central Govel Lment, submits that a criminal case uide C.C.No.1B75 of 2024 on tL e file of learned III Additional Civil Judge, Nalgonda, for the offe: :es punishable under Section 7 of Drugs & Magic Remedies Act, t )54, is pending against the petitroncr and therefore, refusal to iss ue passport as per the Passport Rules cannot be said to be i1legal.

5.

Be that as it may, considering the judgment l-the coordinate Bench of this Court in W.P.No.35056 of 2023, da ed 02.O7.2O24, and the purpose lor which the passport is being r', quested by the petitioner, this Court directs respondent No.2 to iss re the passport \

to the petitioner on the'ki1lo"r,ing conditions:

i) The petitioner herein shall submit an undt rtaking along with an affidavit in C.C.No.1875 of 2024, pending rn the frle of the learned IU Additional Civil Judge, Nalgonda, st: ting that she shall not leave India during pendency of the said J.C" without permission of the Court and that she shall cooper rte with trial Court in concluding the proceedings in the said C.C .

ii) On filing such an undertaking as well ar; affidavit, the trial Court shall issue a certified copy of the same ' rithin two (2)

weeks therefrom;

iii) The petitioner herein shall submit

afresh along with certilied copy of this order :r: . application a s well as the aforesaid undertaking before the Passport Oflicer / Authority concerned for issuance of 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 cont'ents of the undertaking given by the petitioner for issuance of passport, in accordance with law, within three (O3) weeks from the date of said application; vl On issuance of the passport, the petitioner herein shall deposit the same before the trial Court in C.C.No. 1875 of 2024

,and

vi) However, liberty is granted to the petitioner herein to file an application before the learned magistrate seeking permission to travel abroad, and it is for the learned Magistrate to consider the same in accordance with law.

6.

Accordinely, the Wrir Petition is disposed of. There shall be no ordcr as to costs Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

SD/. C. DEEPIKA

S ISTANT REGI

,TRUE COPY//

SECTION OFFICER

To

1

The Under Secretary, Urxon of lndia, Ministry of E

Secretariat, New Delhi-

rn

Affairs, Central

, Near Prashanth

2. The Regional Passport Officer, Regional Passport Theatre Kummarguda, Secunderabad.

3 One CC to SRI MOHAMMAD MUQTHAR, Advocate [OPUC]

4, One CC tO SRI MAMIDI SAI YADAV (SC FOR CENTRAL GOVT) AdVOCAIE

loPUCl

5. Two CD Copies

SA

GJP

HIGH COURT

DATED:0910112026