WP/15936/2026 of Nukala Sunitha Vs Union of India on 6 May 2026

ORDER:

This petition is moved as a Lunch Motion citing urgency. When the matter is taken up, learned counsel for the petitioner submits that the petitioner submitted an online application to the respondent-Passport authority seeking renewal of her passport; and she mentioned about the pending criminal proceedings against her in C.C. No. 747 of 2024 on the file of Judicial Magistrate of First Class, at Nidamanoor, while filling out the Online Application. Learned counsel contends that the Appointment with the Passport Office is scheduled for 09e of May, 2026, and as there is a likelihood of refusal of renewal of passport in view of pending criminal proceedings, the petitioner was advised to obtain No Objection Certificate from the Court for obtaining the passport and therefore prays to issue No Objection Certificate to the petitioner to enable her to get her passport renewed. ., ./

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2. Heard Ms. Nanduri Sri Tayaru Manasa Ramya, learned counsel for the petitioner, and Mr. N. Bhujanga Rao, learned Deputy Solicitor General of India for the respondents. Perused the record.

3. Learned Standing counsel, by referring to office Memorandum dated 10.10.2019 issued by the Ministry of Extemal Affairs, submits that in view of the pending criminal proceedings, the petitioner is required to approach the concemed trial Court and obtain NOC, and furnish the NOC before the passport authority for considering issuance/renewal of passport. At this juncture, leamed counsel for the petitioner submits that the petitioner undertakes to obtain permission of the trial Court if she intends to travel abroad.

4. Having considered the respective submissions, at the outset, it is settled law that mere pendency of criminal proceedings cannot be a ground to refuse issuance or renewal 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. ln the Iight of the principle laid down by the Apex Court concerning the interpretation of GSR sz0(E) dated 2s.0g.1993 and Office Memorandum dated {0.i0.20i9, we are of the considered view that the appellant should make an application for seeking Noc from the concerned trial courts where criminal Gases are pending against him. lt is upon issuance of Noc that the appellant should file an application for renewal of the passport. ln case the coutts prescribe a period for which the passport is to be issuied, the passport autftority shoutd honour that period. otherwise, if it does not stipulate any period, the notification provides default rules, including issuance for a shorter period, ordinarily one year, in appropriate cases. \

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14. Since the passport of the appellant is going to expire on 28.02.2026, the appeltant is at liberty to make an application for issuance of NOC from the concerned courG within this week lf 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 orderc after hearing the parties. lt is for the appellant to seek rcnewal 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 accordance with law i.e., the Passports Act 1967, GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.f 0.2019 applicable to the case on hand."

5. tn the instant case, there are pending criminal proceedings against the petitioner, in C.C. No. 747 of 2024 on the file of Judicial Magistrate of First Class, at Nidamanoor, and therefore this Court deems it appropriate to direct the petitioner to approach the Court of Judicial Magistrate of First Class, at Nidamanoor, and make an appropriate application seeking a "No Objection Certificate" for renewal of her passport. Upon filing such application, the trial Court shall consider the same bnd pass appropriate orders expeditiously, preferably within one week from the date of application. Upon furnishing the NOC, the passport authority shall consider the same for renewal of her passport in accordance with law.

6. Accordingly, the writ petition is disposed of with the above directions. No costs. Miscellaneous petitions, if any, pending shall stand closed. SD/.K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY/I

To, SECTION OFFICER

1. The Secretary, Union of lndia, Ministry of External Affairs, Grr.rhakalpa Complex, M. J. Road, Nampally, Hyderabad - 500001

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2. The Regional Passport officer, 73, Red Cross Road, Monda Market, Shivaji Nagar, Secunderabad, Telangana 500003.

3. The Passport seva Kendra, Add. Door no. 1-g-36g to 322, Gowra Trinity, Chiran Fort Lane, Begumpet, Hyderabad, Telangana - 500016

4. one cc to SRI AVADESH NARAYAN sANGHt, Advocate. topucl

5. One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia, High Court for the State of Telangana at Hyderabad. tOpUCl

6. Two CD Copies. BSK / BS tu

("" \ \ \ \ HIGH COURT DATED: 06/0512026

ORDER

WP.No.15936 of 2O2G DISPOSING OF THE WRIT PETITION WITHOUT COSTS oU ? 0 lillY 2!24 v * CC TODAY HES 14

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