WP/10459/2026 of Laxman Kumar Adluri Vs Union of India on 7 April 2026

ORDER:

The petitioner made an application to the respondent-Passport authority seeking issuance of passport; however, the passport authority refused to issue the same on the ground that the police verification revealed adverse report stating that several criminal proceedings are pending against lhe petitioner in Crime Nos.97 of 2019, 436 of 2021,275 of 2023,264 of 2023 and 333 of 2023 and the cases are pending Lrial uide C.C.Nos.261 of 2025, 361 of 2025 and 266 of 2025 and the same were transferred to designated Courts.

2. Heard Sri K.Narender and Sri B.Narsing, learned counsels for the petitioner and Smt N.V.R.Rajya Lakshmi, learned Standing Counsel for Cenlral Government representing Sri l.,l.Bhujanga Rao, "1

\\'P I0159 2026 learned Deputy Solicitor General of India, for resP rndent Nos.1 to 3 Perused the record

3. Learned counsels for the petitioner sr I rnits that mere arraignment of the petitioner in a criminal case c r lnot be a ground lor denial of passport. Therefore, they seeks issr ance of trre said passport without reference to the pendency of crimi r r[ cases.

4. Learned Standing counsel for central Governr rent relies on the judgment of the Flon,bte Division Bench of this Cour in W A.No.194 of 2026, dated 17.02.2026. Further, by referring to Of.l :e Memorandum dated 10. 1O.2O19 issued by the Ministry of External Affairs, submits that in view of the pending criminal proceedi: 3s against the the petitioner is required to approach th: concerned trial necessary NOC/permission to obtain passport, and furnish the same before the passpot t authoritv for considering issuance of passport. In the instant casc, t.he petitioners have not furnished NOC/permission from the t - al Court and therefore there is no illegality in refusing to renew the :lssport.

5. Having considered the respective submissions, I the outset, it is settled law that mere pendency of criminal proceedin 1s cannot be a ground to refuse issuance of passport. In this cor oection, it is relevant [o refer to the orders passed by the Hon,ble Di r sion Bench of petitioner, Court for thereafter N8

NBK,J wP t0.t59 2026 this Court in W.A.No. 194 of 2026, dated 17.02.2026, wherein the Division Bench has obse rved as follows: " 13. In the light of the principle laid down by the Apex Court concerning the interpretation of GSR 57O(E) dated 25.08.1993 arld Ofhce 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 him. It is upon issuarce of NOC that the appellant should file an application for renewa.l of the passport. In case the courts prescribe a period for wtrich the passport is to be issued, ttre passport authority should 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."

14. Since the passport of the appellant is going to expire on 2A.02.2026, the appeliant is at liberty to make al 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 accordance with law i.e., the Passports Act, 1967, GSR 57O(E) dated 25.08. 1993 and Oflrce Memorandum dated

10. 10.2019 applicable to the case on hand."

6. In the instant case, there is no material placed on record to show lhat the petitioner filed an application before the concerned trial Courts seeking a "No Objection Certillcate' for obtaining of passports. ln view of the pending criminal proceedings against the petitioner in various brimes before various concerned courts, this Court deems it appropriate to direct the petitioner to approach the concerned l NAK u,P I0.l5s 2026 designated Courts and make an appropriate applica [ion seeking a .No Objection Certificate" for obtaining passport. (.pon filing such application, the concerned trial Courts shall consi, lcr the same and pass appropriate orders expeditiously, preferably within one week from the date o[ filing of such application. Upon hr nishing the NOC by the petitioner, the passport authority shalr co, i der the same for reissuing/ renerving of passports in accordance with I rw.

7. lt is made clear rhat the NOC that may be ir; ;ued by the trial Courts to the petitioner for obtaining passport shall Lot be construed as a permission to travel abroad. In case the petit oner intends to travel abroad during pendency of criminal proceedin5 s, the petitioner shall hle a separate application seeking permission t > travel abroad, by specifying the duration of travel, and the trial co, - s shall consider such application on its own merits, by impos i rg appropriate conditions in accordance with law. Needless to ment r n that the trial Court shall proceed in accordance with law to secur€ :he presence of the petitioner in case of violation of any of the conditi, ns so imposed while granting abroad travel permission.

8. Accordingly, the Writ petition is disposed of wittr the abovc said directions. There shall be no order as to costs.

I

w NAK.J wP lG4S9 2026 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed 'sol- g. REKHA RAN' ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 'l . Union of lndia, Ministry of External Affairs' South Block, New Delhi'

i. Ciii;i i;.;,Jt om"et, Joint Secretary (PSP) CPo: PSP Division, Ministry of External A*airs, Patiyala House' Tilak Marg, New D-elhi 110 O0'1'

a. ne-gionit Fassport Officer, Telangana, Hyderabad, D'No 8-2-215 to 219' Kummarguda, Secunderabad.

4. One CC Io SRI K. NARENDER, Advocate [OPUCI

5. One CC to SRI B. NARSING, Advocate IOPUCI 6 oil CC to SUT. N.V.R. RAJYA LAKSHMI, SC FOR CENTRAL GOW. toPUCl z bne-Ct to SRI N. BHUJANGA RAo, Deputy Solicitor General of lndia [OPUCI

8. Two CD Copies B To, \

CC TODAY HIGH COURT DATED:0710412026

ORDER

WP.No.10459 ot 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,4 t!,i'i t :li 5 T4 i) ) , n) \ C \ 08 Ait I i ,t . Ot-. .;-....''