OMAR ABDELRAHIM AHMED ABDELRAHIM v. UNION OF INDIA
WP/8938/2025 · 2025-07-14
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55872 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55872 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25822 WP No. 8938 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8938 OF 2025 (GM-RES) BETWEEN:
1.
OMAR ABDELRAHIM AHMED ABDELRAHIM S/O ABDELRAHIM AGED ABOUT 29 YEARS, R/O NO. 4, MARUTHI NAGAR, 1ST FLOOR, 4TH CROSS, 1ST MAIN, MARUTHI NAGAR, YELAHANKA, BANGALORE, KARNATAKA - 560 064.
… PETITIONER (BY SRI. NAVEEN GOWDA N., ADVOCATE) AND:
1.
UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI - 110 001.
2.
BUREAU OF IMMIGRATION REPRESENTED BY ITS COMMISSIONER, EAST BLOCK-VIII, LEVEL-V, R.K. PURAM, NEW DELHI - 110 066.
Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:25822 WP No. 8938 of 2025
3.
FOREIGNERS REGIONAL REGISTRATION OFFICE (FRRO), BANGALORE BUREAU OF IMMIGRATION, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, BENGALURU, KARNATAKA - 560 001.
4.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
5.
THE COMMISSIONER OF POLICE, BENGALURU CITY INFANTRY ROAD, BENGALURU, KARNATAKA - 560 001.
… RESPONDENTS (BY SRI. H. SHANTHI BHUSHAN., DSGI FOR R1 TO R3;
SRI SHAMANTH NAIK, AGA FOR R4 AND R5)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO
1. DIRECTION RESTRAINING THE RESPONDENT AUTHORITIES FROM TAKING ANY COERCIVE OR PRECIPITATIVE ACTION, INCLUDING DETENTION OR DEPORTATION, AGAINST THE PETITIONER WHILE HE REGULARIZES HIS VISA STATUS AND COMPLETES HIS FINAL PENDING SUBJECT SCHEDULED FOR 2025 AND ETC.
THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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HC-KAR NC: 2025:KHC:25822 WP No. 8938 of 2025
ORAL ORDER
The petitioner has sought for issuance of writ of mandamus for directions to restrain the respondent authorities from taking any coercive steps or precipitative action against the petitioner while he seeks for regularisation of his Visa Status.
2. Learned counsel for petitioner has filed a memo, which reads as hereunder:
"The petitioner respectfully submits that pursuant to the oral observation made by this Hon'ble Court on the previous date of hearing, that is on 07.07.2025, he is willing to voluntarily exit India and comply with the due process of law; however, the petitioner humbly prays that this Hon'ble court may be pleased to record in the order sheet that upon such voluntary exit, the respondent authorities shall not blacklist the petitioner or take nay coercive action against him so as to prevent him from applying afresh for an appropriate visa in accordance with law from any jurisdiction, and such liberty may be granted to protect the petitioners bonafide academic interest and future compliance and further the petitioner is willing to pay the prescribed fine, if any, for the purpose of issuance of the exit permit as per the applicable provisions of law in the interest of justice and equity."
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HC-KAR NC: 2025:KHC:25822 WP No. 8938 of 2025
3. Learned DSGI Sri.Shanthi Bhushan appearing for the Central Government submits that the petitioner may appear before the foreigners Regional Registration Office ('FRRO', for short) and make necessary arrangements in the interregnum to exit the country. It is further submitted that the FRRO would then issue appropriate directions including issuance of 'Leave India Notice'.
4. Taking note of the stand of the petitioner that he intends to exit from the country, petitioner is to report before the FRRO within one week from today. The FRRO to proceed further in light of the stand of the petitioner that he intends to exit. It is open for the FRRO to consider request of petitioner appropriately.
5. Accordingly, the petition is disposed off. All other
contentions of the petitioner are kept open.
Sd/- (S SUNIL DUTT YADAV) JUDGE
NP