WP/16861/2026 of Ragula Bharat Kiran Kumar Vs The Union of India on 29 May 2026

ORDER:

1. This Writ Petition is filed seeking to issue a Wit of Mandomus declaring the action of respondent No.3 in refusing passport services to the petitioner vide impugned Speaking Order No.F.No.WAS lPassl4O2l4l2026 dated 14 115,2026 on account of pendency of Calendar Case No.112 of 2O2l pending on the lile of Principal Junior Civil Judge -cum- Judicial Magistrate of First C1ass, as illegai and arbitrary and consequently direct the respondent No.2 to renew the passport of the petitioner for the period for which petitioner is eligible.

2. Heard Sri J.Srinivas, learned counsel for the petitioner and Sri N. Bhujanga Rao, learned Deputy Solicitor General of India representing the respondents.

3. Learned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of issuance/ renewal of passport. Learned counsel relied upon the judgment passed by this Court in W.P.No.321l of 2026, dated 04.02.2026.

4. On the other hand, learned Deputy Solicitor General of India representing the respondents submits that criminal case is pending against the petitioner uide C.C.No. ll2 of 2021, on the hle of learned Principal Junior Civil Judge -cum- Judicial Magistrate of First Class. Learned counsel, by referring to Office Memorandum dated 10.10.2019 issued by the Ministry of External Affairs, submits that in view of the pending criminal proceedings against the petitioner, the petitioner is required to approach the concerned trial Court for necessary NOC/permission to obtain passport, and thereafter furnish the same before the passport authority for considering issuance / renewal of passport. In the instant case, the petitioner has not furnished NOC/permission from the trial Court and therefore there is no illegality in refusing to issue the passport.

5. This Court has carefully considered the submissions of both parties and perused the material available on record. It is settled 1aw that mere pendency of criminal proceedings cannot be a ground to refuse issuance of passport. In this connection, it is relevant to refer to the orders passed by the Hon'ble Division Bench of this Court in W.A.No.194 of 2026, dated 17.02.2026, wherein the Division Bench has observed as follows: "13. In the light of the principle laid down by the Apex Court concerning the interpretation of GSR 570(E) dated 25.08.1993 and Ofiice Memorardum dated 10.10.2019, we are of the considered view that the appellant should make an application for seeking NOC from the concerned trial courts where criminal cases are pending against him. It is upon issuance of NOC that the appellant should hle an application for renewal of the passport. In case the courts prescribe a period for which the passport is to be issued, the passport authority should honour that period. Otherwise, if it does not stlpulate any period, the notihcation provides default rules, including issualce for a shorter period, ordinarily one year, in appropriate cases.

14. Since the passport of the appellant is going to expire on 28.02.2026, the appellant is at liberty to mal<e an application for issuance of NOC from the concerned courts within this week. If such an application is made before the learned courts, the learned courts would endeavour to take it up expeditiously, preferably within a week, and pass appropriate orders after hearing the parties. It is for the appellant to seek renewal of passport based upon such NOC before the Regional Passport Authority. Needless to say, the Regional Passport Authority would consider the request of extension in accordalce with law i.e., the Passports Act, 1967, GSR 57O(E) dated 25.o8.1993 and Ofhce Memorandum dated 10.10.2019 applicable to the case on hand."

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6. In the instant case, there is no material placed on record to show that the petitioner filed an application before the concerned trial Court seeking "No Objection Certificate" for issuance of passport. In vieu of the pending criminal proceedings against the petitioner, this Court deems it appropriate to direct the petitioner to approach t\e concerned trial Court and make an appropriate application seeking "No Objection Certificate" for issuance of passport. Upon fi1ing such application, the concerned trial Court sha11 consider the same and pass appropriate orders expeditiously, preferably within one week from the date of filing of such application. Upon furnishrng the NOC by the petitioner, the passport authority sha1l consider the same for issuing passport in accordance with 1au,.

7. It is made clear that the NOC that may be issued by the concerned trial Court for issuance of passport shall not be construed as a permission by the petitioner to travel abroad. In case the petitioner intends to travel abroad during pendency of criminai proceedings, the petitioner sha11 h1e a separate application seeking permission to travel abroad by specifying the duration of travei and the trial Court sha11 consider such application on its own merits by imposing appropriate conditions in accordance with law. Needless to mention that the trial Court shall proceed in accordance with 1aw to secure the presence of the petitioner in case of violation of any of the conditions so imposed whiie granting abroad travel perm i ssion.

8. Accordingly, the Writ Petition is disposed of with the above directions. There shali be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. SD/.T. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// ,? (9' SECTION OFFIGER

1. The Joint Secretary (PSP) and Central Passport officer, Union of lndia, PSP Division, Ministry of External Affa irs New Delhi - 110 001

2. The Regional Passport Officer, Regional Passport Office, D No 8-2-215 lo 21 9 Kummarguda, Secunderabad-500003

3. The Second Secretary (Passport), Embassy of lndia' Washington DC, 2536, Massachusetts Avenue, NW Washington DC - 20008

4. One CC to SRI JEERIPOTHULA SRINIVAS, Advocate [OPUC]

5. One CC Principal Judge -cum-Judicial tMagistrate of first class [OPUC]

6. one CC to SRl. N BHUJANGA RAo, Deputy Solicitor General of lndia loPUcl

7. Two CD Copies DAN

To, D S

HIGH COURT DATED: 2910512026

ORDER

WP.No.16861 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS )u VACATION COURT 1r{g 5T416. n t 'A':;"'' <.c OI \ q o zo tl2

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