WP/10850/2026 of Mrs. Sridevi Nemani Vs The Union of India on 10 April 2026

ORDER:

.,.Respondents The petitioner made an application to respondent No.2 seeking renewal of passport bearing No.N3097739; however, the passport authority refused to renew the same on the ground that the police verihcation revealed adverse report stating that criminal proceedings are pending against the petitioner in S.C.No. 17O of 2024 on the hle of learned Additional Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpally.

2. Heard Sri L.Prasada Rao, learned counsel for the petitioner, Smt N.V.R.Rajyalakshmi, learned Standing Counsel for Central

Government representing Sri N.Bhujanga Rao, Solicitor General of India for respondent Nos. 1 Government Pleader for Home for respondent record- ar ( NBIiJ wP r08i0 2026 earned DeputY 2 and learned ent relies on t].e n W.A.No.194 of ;e Memorandum Affairs, submits gs against the concerned trial passport, and t authority for e, the petitioner rrt and therefore Nr> 3. Perused the

3. karned counsel for the petitioner sub r its that mere arraignment of the petitioner in a criminal case carl lot be a ground for denial of passport. Therefore, seeks renewal ol - re said passport without reference to the pendency of criminal case.

4. karned Standing Counsel for Central Govern;r judgment of the Hon'ble Division Bench of this Cour'- 2026, dated 17.02.2026. Further, by referring to Of i dated 10. lO.2Ol9 issued by the Ministry of Externz-l that in view of the pending criminal proceed t petitioner, the petitioner is required to approach th Court for necessary NOC/permission to obtai I thereafter furnish the same before the passllo considering issuance of passport. In the instant r:it has not furnished NOC/permission from the trial C: there is no illegaiity in refusing to issue the passport .

5. Having considered the respective submission; at the_ outset, it is settled law that mere pendency of criminal proce(( tngs cannot be a ground to refuse issuance of passport. In this onnection, it is l \ NBK.J wP 10650 2026 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: " i3. In the light of the principle laid down by the Apex Court concerning the interpretation of GSR 57O(E) dated 25.08. 1993 and Offlce Memorandum 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 hirn. It is upon issuance of NOC that the appellant should lile 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 stipulate any period, the notifr.cation provides default rules, including issuance for a shorter period, ordinarily one ye.rr, in appropriate cases."

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 a "No Objection Certificate" for obtaining of passport. In view of the pending criminal proceedings against the petitioner in S.C.No.170 of 2024 on the lile of learned Additional Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpally, this Court deems it appropriate to direct tJle petitioner to approach the court of learned Additional Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpaily and make an appropriate application seeking a "No Objection Certificate" for obtaining passport. Upon filing such application, the concerned trial Court shall consider the same and pass appropriate orders expeditiously, preferably within one week from the date of frling of such application. Upon furnishing the NOC f I

+ NBKJ wP 10850 2026 by the petitioner, the passport authority shall consi::r the same for reissuing/renewing of passport in accordance with [a r . 7 . It is rnade clear that the NOC that may be iss red by thc triai Court to the petitioner for obtaining passport shaU r:t be construed as a permission to travel abroad. In case the peti -i rner intends to travel abroad during pendency of criminal proceeding s, the petitioner shall lile a separate application seeking permission 1) travel zrbroad, by specifying the duration of travel, and the trial Crr,r't shall consider such application on its own merits, by impo s ng appropriate conditions in accordance with law. Needless to men . tn that the trial Court shall proceed in accordance with law to secur( the presence of the petitioner in case of violation of any of the cond.t .ons so imposed while granting abroad travel permission.

8. Accordingly, the Writ Petition is disposed of rv 1 -r the above said directions. There shall be no order as to costs. Miscellaneous petitions, shall stand closed. if any, pending in tf is Writ Petition, /ITRUE COPY// SOI-r.POi'TUAKRSHNA ASSI iTANTJiEGISTRAR L9' SECTION OFFICER To,

1. The Principal Secretary, Ministry of Extemal- Affairs' iovernment of lndia' ' soit 6'ro-"[lnui.in, Hiirs' r'rew delhi' Union of India-1 'I 001'

2. The Regional Passport Officer' Regional Passport Offi::' Door No 8-2-215 to

- i;;,6;;;rguda,secunderabad Telangana-500003

3. The Station House Officer, Police Station KPHB' Kukalp ally' Hyderabad'

4. The Additional Chief Judicial Magistrate' Medcha Malkaigiri Oistrict at KukatPallY.

5. One CC to SRI L.PRASADA RAO, Advocate IOPUCI

6. One CC to SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF lNDIA, High Court for the State of Telangana at Hyderabad [OPUC]

7. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUTI

8. Two CD Copies BSR tu,

CC TODAY '\ HIGH COURT DATED: 1010412026

ORDER

,,,-:. -Sc 1..\ tI oa: .s l.,r- \\ elH ),' WP.No.10850 of 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \t {\ \J