WP/16162/2025 of Mirza Matiullaj Baig @ Mirza Matiulla Baig Nihal Vs The Union of India on 16 December 2025

Between: AND

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 16162 OF 2o25 ...PETITIONER Miza Matiullaj Baig @ Miza Matiulla Baiq Nihal, S/o. Late Mirza yaseen B._aig, Aged .about 27_ years, Occ Pvt. Employee, Rl/o. D.No.9-S-1gOl2, (Permanent Address), Raji Reddy Nagar, Chanipafiet, Hyderabad. N.og present in Nihal 86 Copal House,25 tt/innie Baldock Street, London-E16 1DT

The. Union.gf_l.ndr.a, Iep by its Secretary, Home Affairs, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-'l 10001 The.Union of lndia, Bgp, 9y its Secretary, External Affairs, Ministry of Extemal Affairs, South Block, Raisina Hills, New Delhi-110001 The Regional Passport Officer, Hyderabad Region, #73, Red Cross Road, Shivaji Nagar, Secunderabad The State.of .Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad High Commission of India, Aldwych, London, WC-2B4NA R5 is impleaded as per C.O. dt.22.O9.2025 in lA. No.4l2O2S

...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue'any order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3, in not reissuing the passport of the Petitioner, inspite of complying all the conditions imposed by the Trail Court, as illegal, arbitrary and violative of Fundamental Rights as guaranteed under Articles 14, 19 and 21 of the Constitution of lndia and consequenily pass ,.orders of "NO-OBJECTION" in reissuance of pass port of Petiti lner vide Pass Port Nb. Rsr+zros. lA NO: 't OF 2025 Petition under Section 151 CPC praying that in the circ r mstances stated in the affidavit filed in support of the petition, the High Court ma,/ be pleased to pass orders of 'NO-OBJECTION" in reissuance of pass port of Peti i rner vide pass port No. R3142 105, pending disposal of the Writ Petition. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circr .nstances stated in the affidavit filed in support of the petition, the High Court may e pleased to direct the Respondent No. 5, to consider the application of petitionr: for re-issuance of his passport vide Passport No. R31 42105, till its expiry date arrr this Hon'ble Court has 'NO OBJECTION' in re-issuing the passport of petition, p ending disposal of the writ petition. IA NO: 5 OF 2025 Petition under Section 1 51 CPC praying that in the circ I nstances stated in the affidavit filed in support of the petition, the High court may t e pleased to direct the Respondent No. 5, to consider the application of petitioner for re-issuance of his passport vide Passport No. R31 42105, till its expiry date anc this Hon'ble Court has 'NO OBJECTION' in re-issuing the passport-of petition, : :nding disposal of the writ petition. Counsel for the Petitioner: SRI OMAR A.PASHA Gounsel for the Respondent No.1 to 3 & 5: SRI ANGOTHU NE lRU, SC FOR CENTRAI. GOVT. Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER

wp r6r62_2025 N8(. l IN THE HIGH COUR'I' F'OR'TI{ E STATI] OF'TE,LANGANA AT HYDERABAD TH E HON'BLE SRI JUSTICE NAGESH BI{EEMAPAKA WRIT PETITION No.l6l62 of 2025 l6tl'Deccmber 2025 Beh+Ten: Milza Matiulla.i Baig @Mirza Matiulla Baig Nihal l'ctitiorrer AND lhc Union of India, and others Respondents ORI)EIt: 1'he petitioner is arrayed as an accused in C.C. No.l582 of 202 I on the file ol'thc XII Additional Judicial Magistrate of First Cllass, (i1'berabad. The said C.C. was taken cognizance of by the Magistratc fbr thc of-f'ences punishablc unclcr Sections 406 and 420 ol'thc IPC. It is thc case ol'thc pctitioner that hc was originally unawarc of the registlation ol'an FIR against hirn in Crime No. l0 of 2017, dated 05.01.1017 (u'hich was subsecluently nr-tlnbercd as C.C. No.l582 ol-201 1 belbrc the trial Court). as he was in Germany in connection with his cmplovtncnl. [-Jpon his return to lndia on 25.12.2020, he was detained at the Rajiv Gandhi International Airporl, Hyderabad, as a Look Out Circular (LOC) was operativc against hirn. 'thereaficr, a tlotice undel Section 4l-A ol- thc Cr.l'}.C. uas serrcd on hin-r, and the petitioner u'as teleased on station-bziil on the sar.ue clal'ttpon Iirrnishing tu o sureties fbr a sum o1- Rs. 10,000/- cach. \\ t., qp 16152 2D)\ 1.2 It is n.ri, the gricvancc ol rlte petitioner t^lil he tra'els abr.oad lor employmcnt pLrrrroses and he is presently in Lona., ancl as t'c pagcs of his ,assport harc exrrausted, thcre is no space lefi i his passport ror starnping, and t/rcr.elbr.c he made an application cfbre the High Commission of India. I_ondon, seeking re-issuance of- I,r ssporl. .Ihe High Commission replied stating that he should obtain ar appropriate No Ob.jection Ccrtificatc (NOC) fi.orn the concemed ( r urt, as crirninal procecdirgs a'c pendi.g aqai,st the pctitioner-. Pur.:rr ant thereto. thc pctitio'cr approachcd thc rriar Courr by filing crr.M.r, \ro.r09 o1-2025. However, his application was returxed on 07.05.2025 rr rder the caption, "To be /iled in the 1trr4rcr luristriction. Hence returnr,,,1.- -[-herefor.c, the petitioner is bcfbre this Courl by wav of the present writ 1,t tition.

2. Heard Mr. Ornar A. l)asha, lcarned counsel for Mr. A Nehru, learned Standing Counsel for Govemr-nent. perused the rccord. 3' At the hearing, re.rrrccl counsel fbr the petitionr.r ;ubr.its that thc I Thereafter, the petitioner approached the :r ial Court b1, filing Crl.M.P. No. 1689 of 202 I seeking removal of rhc _O() against hinr. lnitiail-v' the trial oourt rejected the application o.: u gr.ound rhur ,,o passport had bee'dcpositcd before thc cour.. Howevcr rpo, the ,etitiorcr apploaching this court in w.i. No. 17357 0f 202r, rrr s courr, by ordcr dated I 2.11.2021 . direcrcd the trial Courl to enteni,i r the application. Pursuanr thereto, the trial Courl passed orders dat d 25.112021 in crl'M P No'I689 or 202 I, based on which the Loc ai.i i,sr the peiitioner was rentoved tr: petitioner; and r: p o n d en t- ()e ntra i gtevance pertains to trrc rc-issuancc or the passport, and ,r c rc-issuurce or \

rlp 16161 2025 ) renewal cannot be denied on the ground of pendency of criminal proceedings. Leamed counsel further subrnits that the petitioner is usually rcquired to travel abroad on employment_related purposes and the petitioner is presenl.ly in London on his job purpose.

1. Learned Standing counser for the centrar Govemment does not dispute the submissions made by petitioner's counsel, however, learned Standing counsel submits that the courl may direct re-issuancc ol thc passport fbr only on., year duration with appropriar-c condiLions. in 'ier,r of the pending crirninal proceedings.

5. Ilaving co'rsidered the respective contentions and perused thc recor.d. and also considering that the petitioner is lacing crirninal proceedings in C.C. No.1582 ol 2021, and fufther considering the avermenr. of rhe pctilioner that he is required to proceed abroad on employment-relatcd pur?oses. this court directs the I't respondent. to re-issue/renew, the passport ol'the petitioner lbr a period olONIl ylrAR.

6. It is further directed that the petitioner, upon returning to India, shail file an,'\lfldavit before the trial court, stating that he shall file appropriate application befbrc the trial court seeking pennission to proceed abroad during ltendency of crinrinal duration of travel. proceedings, by mentioning the intcnded

7. Upon filing application seeking permission to proceed abroad, during pendenc' ol criminal p'oceedings, the trial court shall consicler the same and pass orders thereon by irnposing appropriate conditions.

8. it is rradc clear that the trial Court is at liber11, to take steps in accordance with larv, in case of the petitioner violates the Affldavit. or fails F d )

',"p t616) to comply rvith the conditions imposed by the trial r-_ turt permission to pr.oceed abroad. //TRUE COPYII while grantlng S /-P. PONNA KRIS HNA TANT REGISTR*F- iECTION OFFICER --1 9' Accordingly' the writ petition is disposed ot. Ths .c sha, be no order as to costs_ , / tt To BSR BS

1. The SecretarV, Ho uecretariat, New D Ministry of Home A orth Block Central elhi Union of India-1 1000't

2. The Secretary, External Affa irs M nistry of Extemal A' airs South Block, Raisina Hills, New Delhi, Union of India-1 10001 Pass nd po erabad rt Officer, Hyderabad Region, 73, Red Cross Road, Shivaji Secu me Affairs ,\l

3. The Regional Nagar,

- #i,iJ:liial Secretary, Home Department, secrerariar, - Tderabad, State of f : The Xlt Additionat Judiciat Magistrate of First Ctass, Cybera :ad. (

6. One CC to SRt OMAR A.PASHA, Advocate tOpUCJ ; ff:::":i:_"orHu NEHRU, sc FoR CENTRAL G( w ropucl Hyd;;;;ibfil FoR HoME, High cour-t for the Statr: of Tetansana at

9. Two CD Copies ll '.'1...',.''--. I

I HIGH COURT DATED: 1611212025

ORDER

WP.No.16162 of 2025 3 t:i 66 -, 'l '-\a \ ' .. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \p \ DA