WP/12199/2026 of Prashanth Godishala Vs The Union of India on 27 April 2026

ORDER:

The Writ Petition is filed challenging the action of respondent passport authorities in not issuing the petitioner's passport uide No.HY7O659467 16225 dated 19.1I.2025 on the ground of pendency of a crimina-l case

2. Heard Mr.Mahesh Muddala, learned counsel for petitioner arrd Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos.l and 2 and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.3 and 4.

3. Learned counsel for the petitioner submits that mere \" ignment of the petitioner in a criminal case cannot be a ground for denial of issuance of passport. He relies on the judgment of this Court in W.P.No.32 t7 of 2026, dated 04.O2.2026.

4. Learned Standing Counsel for respondent Nos.1 and, 2 subrnits that criminal case is pending against the petitioner uide C.O.R.No.O9 of 2026 before the principle Junior Civil Judge cum Judicial First class Magistrate, Rajanna Sircilla District. she, by referring to Office Memorandum dated 1O.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 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 re-issue the passport.

5. l'his Court has carefully considered the submissions of both parties and perused the materiai available on record. It is settled law 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 I '/ 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 tight of the principle laid down by the Apex Court concerning the interpretation of GSR 570(E) dated 25.08. 1993 and Office Memorandum dated 10. 10.20 19, 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 file an application for issuance 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 stipulate any period, the notihcation provides default rulej, including issuance 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 make 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 expediliously, preferably within a week, and pass appropriate orders after hearing the parties. lt is for the appellant to seek issuance 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, 1962, GSR 570(E) dated 25.08. 1993 and Office Memorandum dated 1O. 10.2019 appticable to the case on hand."

6. In the instant case, there is no material placed on record to show that the petitioner liled an application before the concerned trial Court seeking a "No Objection Certificate,, for issuance of passport. In view of the pending criminal proceedings against the .l { petitioner, this court deems it appropriate to direct the petitioner to approach the concerned trial Court and make an appropriate application seeking a "No objection certificate" for issuance of passport. Upon filing such application, the concerned trial Court shail consider the same and pass appropriate-orders expeditiousry, preferably within one week from the date of liling of such application. Upon furnishing the NOC by the petitioner, the passport authority shall consider the same for issuing of passport rn accordance with law.

7. It is made clear that the NOC that may be issued by the concerned trial Court for issuance of passport shail not be construed as permission by the petitioner to travel abroad. In case the petitioner intends to travel abroad during pendency of criminal proceedings, the petitioner shall lile a separate application seekirrg permission to travel abroad, by specifying the duration of travel, and the trial Court shall 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 law to secure the presence of the petitioner in case of violation of any of the conditions so imposed while granting abroad travel permission.

Accordingly, the Writ Petition is disposed of with the above directions. Miscellaneous petitions, if any, pending shalt stald closed. There shall be no order as to costs. / . SD/- U. SUDHA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary Ministry of External A rS he Union of lndia, South Block, Secretariat Raisina Hill, New Delhi

2. The Regional Passport Officer, O/o. The Regional assport Office, D.No.8-2- 215 to 219, Near Prashant Theatre, Kummarguda, Secunderabad, Telangana

- 500003.

3. The Station House Officer, Thangallapally Police Station, Rajanna Sircilla Dist.

4. The Station House Of{icer, Excise Police Station Sircilla, Rajanna Sircilla Dist.,

5. The Prinicpal Junior Civil Judge-cum- Judicial First Class Magistrate at Siricilla

6. One CC to SRI MUDDALA MAHESH, Advocate [OPUC]

7. One CC to SRI N. BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC]

8. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT]

9. Two CD Copies BN To,

CC TODAY HIGH COURT DATED: 2710412026

ORDER

WP.No.12199 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS . ,-1- -. - _\.- ,.:r-\\-,.:. --.:-\- ,1t0,. , , '.- :'t4f ::'t... . ,$

- u,+'li:. ',i j ',<..',r 1''r ',." .\ ,,'z. 2 g Aofi 2rl2[ ]_ 'i | '/-, J.' .i ':..Y n' ?.' ''.r Jt -\" .t,' \ ^- : './s , .. .,.:., J''