Back
2025 Supreme(Online)(Tel) 17421
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J
Khamarunissa – Appellant
Versus
The State of Telangana – Respondent
Writ Petition|22464 of 2025
For the Appellants/Petitioners: Sri Allu Midhun Kumar
For the Respondents: Sri B. Sridhar
Impounding of a passport without due process is contested, highlighting the necessity to ensure cooperation in legal proceedings.
Headnote:The Writ Petition seeks to declare the action of impounding the petitioner's passport as illegal, citing a lack of due procedure. The court finds that the petitioner, an accused in a pending criminal case, had her passport seized to ensure her cooperation in the trial. The petitioner may file an application for return of her passport to the magistrate's court. The verdict concludes that the miscellaneous petitions pending shall be dismissed.
| Table of Content |
|---|
| 1. arguments presented for and against passport impounding. (Para 1) |
| 2. the procedure for passport impounding was inadequate. (Para 2 , 3) |
| 3. petitioner granted liberty to seek passport return. (Para 4) |
ORDER
Heard Sri Allu Midhun Kumar, learned counsel for the petitioner and Sri B.Sridhar, learned Assistant Government Pleader for Home.
2. This Writ Petition is filed to declare the action of the 3rd respondent in impounding the passport of the petitioner bearing No.R8174009, without following the due procedure laid down under law, as illegal.
3. Whereas, Sri B.Sridhar, learned Assistant Government Pleader for Home, on instructions, would submit that the petitioner herein is an accused No.2 in C.C.No.5984 of 2024 pending on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 498-A, 406, 506 of IPC an Sections 3 & 4 of Dowry Prohibition Act. Learned Magistrate issued NBWs. Lookout Circular was also issued against the petitioner herein. She is the resident of Dubai. She came to India and by executing the said Non-Bailable Warrants and Lookout circular, the airport authorities, Chennai detained the petitioner. Thereafter, she was handed over to the 3rd respondent Police, who in turn produced her before the learned Magistrate. Since, she was resident of Dubai at that point of time, the Investigating Officer/3rd respondent police seized the original passport of the petitioner to prevent her from fleeing from the jurisdiction of the said Court so that she will cooperate with the trial Court in concluding trial in the said C.C. The original passport of the petitioner was also produced before the learned XV Additional Chief Metropolitan Magistrate, Hyderabad.
4. In the light of the said submission, this Writ Petition is disposed of granting liberty to the petitioner to file an appropriate application before the learned XV Additional Chief Metropolitan Magistrate, Hyderabad in C.C.No.5984 of 2024 to return/interim custody of the said passport. On filing such application, it is for the learned Magistrate to consider and dispose of the same in accordance with law.
