WP/8337/2026 of Mr. Kandagatla Vijaya Kumar Vs The Union of India on 26 March 2026

ORDER:

The Writ Petition is filed chailenging the action rf respondent passport authorities in not reissui'1g/renewing []r petitioner's passport uide Frle No.HYM076323O19726, dated O>'022026' on the ground of pendency of a criminal case. 2 . Heard Sri Thomas George, learned counsel 1 c r petltloner; Sri T. Sanjay Reddy, learned Standing Counscl lbr Central Government, for respondent Nos. I and 2 and learnec lior"ernment Pleader for Home, for respondent Nos'3 and 4'

3. Learned counsel for the pclitioner submits that mere arraignment of the petitioner in a criminal casc cannol )e a ground for denial of reissuance/renewal of passport. He relies on the judgment of this Court in W.P-No.160 13 . of 2025, dated 23.01.2026. Further, learned counsel submits that the petitioner is scheduled to travel to USA oo 31.O3.2026

4. Learned Standing Counsel for respondent Nos. I and 2 submits that criminal case is pending against the petitioner uide C.C.No. 1468 of 2019 before the learned Additional Judicial First Class Magistrate at Waralgal. He, by referring to Office Memorandum dated 10.10.2019 issued by the Ministry of Exterrral Affairs, submits that in vie',r' of the pending criminal proceedings against the petitioner, the petitioner is required to approach the concerned trial Court for necessarSz NOC/ permission to obtain passport, and thereafter furnish the same before the passport authority for considering reissuance / 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 reissue/ renew the Passport.

5. This Court has carefully considered the submissions of both parties and perused the materia1 available on record. It is settled law that mere pendency of criminal proceedings cannot be a ground to refuse reissuance / renewal of passport. In this i n'gs# connection, it is relevant to refer to the order: passed by the Hontrle Division Bench of this Court in W.A.No.1 ) + ot 2026. dated 17.02.2026. wherein the Division Bench has obse;, e d ers follows: " 13. In the light of the principle laid dou r Apex Court concerning the interpretaLior 570(D) clated 25.08.1993 and Olfice lr4errr dirted I O.10.20 19, we are oI the considereil r lhe arppellant should make an applic;. sceking NOC from the concerned trial cor,r: t criminal cases are pending against him. Ir issuancc of NOC that the appellant shoui: application for renewal o[ the passport. lrr r courts prescribe a period for which the pass ; bc issued, the passport. authority shouli that period. Otheru,ise, if it does not stipr i period, the notification provides defaulr including issuance for a shorter period, c r one _vear, in appropriate cases. " bv the r,l GSR ' rncl um r'rv Lhat on for ; where s; upon hle an :i se the r-t is to l- onou r r,c :1ny rules, Inarily

6. ln the instant case, in view of the pr.; rling criminal proceedings against the petitioner, and considering t re judgment of the Hon' ble Division Bench of this Court in W.A. tt, . 194 of 2026, dated 17 .02.2026, this Court deems it appropria , Lo direct the petitioner to approach the concerned trial Court : nd make arr appropriate application seeking a "No Objection rt,:rtificate. for reissuance / renewal of passport.

6.1. Further, considering the impending ravel ol- the petitioner on 31.03.2026, the petitioner is permit., r[ to make a sepa-rate application before the trial CourL seekin_q rermission to travel abroad, by stating the purpose and duration o r:rvel. II

,- 4 6.2' Upon iiling the NOC application' aiong with abroad trave\ permission apPlication' the trial Court shall consider both the applications and pass appropriate orders on the same day' by imposing approprlate conditions while granting abroad travel permission' The trial Court is at iiberty to proceed against the petitioner, to secure his presence for the purpose of triaf if any of the conditions so - imposed while granting the abroad travel permission is violate d' 6-3' Upon furnishing the NOC by the petitioner' the passport authority shall consider the same for reissuing/renewrng of passport in accordance r'vith law' on the same day'

7. Accordingly, tire Writ Petition is disposed of with the above directions. No costs Miscellaneous Petittons, if any, Pending shall stand closed' SD/- M.JAWAHAR REDDY A SISTAN T REGTSTRAR //TRUE COPY// ECTION OFFICER To,

1. The Additional Judicial First Class Magistrate at Wa ngal.

2. The Secretary' Ministry of External Affairs' Shastry Bhavan' New Delhi, Union of lndia - 1 1001 1

3. The Regional Passport Officer, Regional Passport Office' Hyderabad' O/o' D.No.8-2-215 to 21S, Kummarguda, -secunderabad' Telangana - 500003

4. The Superintendent of Police, Hyderabad District' Telangana

5. TheStationHouseofficer,WomenP.S.WarangalCity,Telangana.

6. One CC to SRI THOMAS GEORGE, Advocate IOPUCI

7. One CC to SRI T.SANJAY REDDY, SC FOR CENTRAL GOW' IOPUC]

8. rwo ccs to Gp FoR HOtitE, High clutt flr the stale 0f Tehngdna dl nyderabad IOUTJ

9. Two CD Copies CA I I

HIGH COURT DATED: 26t03t2026

ORDER

WP.No.833t of 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS CC TODAY tl, i-- u iaii: Y' -;,i- O Ii '- \. I li tii{li ?rli )- .\ i t