WP/2465/2026 of Srinivas Goutam Pattela, Vs The Union of India, on 23 March 2026

ORDER:

The petitioner submitted an Application No.zA42934l, dated 09.12.2025 to the respondent-Passport Authority seeking renewal of his passport, and the Passport Authority renewed the same on post-Police Verification basis. Subsequently, respondent No.2, vide letter dated 29.12.2025, sought clarification from the petitioner stating that an adverse report has been submitted by the police wherein it is stated that criminal proceedings are pending against the petitioner in FIR No.47 of 2022 of CCS, Hyderabad Police Station, and that the case is presently pending trial in C.C.No.6786 of 2022 on the file of the learned XII Additional Chief Metropolitan Magistrate, Nampally, I{yderabad. In

NBK,J wPJ465 2026 response r:o the said letter dated 29.12.2025, the petitioner approached the Passport z\uthority and surrendered the passport. 2' Heard lWs.Pillix Law Firm, learned counsel for petitioner and Smt. D.Sandhya, learned Standing counser for centrar Government representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos.l and 2. perused the record. 3' Learned counsel for the petitioner submits that the petitioner has filed a quersh petition in Crl.P.No.3239 of 2025 before this Court seeking to quash the C.C. No. 6786 of 2022 before the trial Court. It is stated thar this court, vide interim order dated 05.03.2025, granted stay of all fumher proceedings, insofar as the petitioner/Accused No.2 is concerned, till 16.04.202ii. He funher submits that as the stay order granted by this court is srrbsisting as on date, the petitioner is unable to approach the concemed Magistrate for renewal of his passport. It is also contended that mere penctency of a crirninal case cannot be a ground for directing surrender of the passport.

4. Learned Standing counsel relies on the judgment of the Hon'ble Division Bench of this Court in W.A.No.l94 of 2026, dated t7.02.2026. Furthcr, by refening to office Memorandum dated 10. lo.2ol9 issued by the Ministry of External Affairs, he submits that in view of the pending criminal proceedings against the petitioner, the petitioner is required to produce N(lc / perrnission from the concerned trial court, however, as there is no NoC furnished by the petitioner, the passport of the petitioner has been irnpounded and therefore the action of respondent authorities cannot be said to be illegal or arbitrary. \. -r ,,

NBK,J wP]465 2026

5. Having considered the respective contentions and perused the record, it may be noted that mere arraignment of the petitioner as accused in criminal proceedings cannot be a ground to refuse issuance / renewal of passport. Howevbr, as per the orders passed by the Hon',ble Division Bench of this Court in W.A. No. 194 of 2026, dated 17 '02'2026' the petitioner is required to approach the concerned trial Court and make an application seeking NOC for obtaining the passport' The observation of rhe Hon'ble Division Bench in w.A. No. 194 0f 2026, is as follows: "13. ln the light of the principle laid down by the Apex Court concerning the interpretation of GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10'10'2019' we are of the considered view that the appellant should make an application for seeking NOC from the concerned triat courts where criminal cases 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 coyrts 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 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 28.02.2026, the appellant is at liberty to make an application for issuance of NOG from the concerned courts 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 orders after hearing the parties. lt is for the appellant to seek renewal of

NBK,J wP 2465 2026 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 taw i.e., the passports Act, 1967, cSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.10.20i9 applicable to the case on hand."

6. In the instant case, as against the proceedings in C.C. No. 67g6 of 2022, the petitioner filed a criminal petition before this court, wherein this court granted stay of all further proceedings in the said c.c. No. 6786 of2022.

6.1. As per the Passporls Act, 1967, GSR 520(E) dated 25.0g.1993, and Office Memorandum dated 10.10.2019, a passport applicant facing criminal pnrceedings has to obtain Noc from the concemed court, and if the applica,t is facingaproceedings i' more than one court, then helshe has to obtain NOC frorn all those Courts.

6.2. As the proceedings in C.C. No. 6786 of Z0Z2 have been stayed by this court 'ide an interim order dated o5.o3.zoz5 in criminal petition No.3239 of 2Q25, this court falls within the definition of '.concemed Court" for the purpose of issuance of NOC to the petitioner.

7. In theLt view of the matter, this court is inclined to direct the respondent-l)assport authority to consider the application ofthe petitioner for renewal of his passport for a period of one year, in accordance with law. It is horiiever made clear that the direction now issued for renewal of passport sha.l not be construed as permission to the petitioner to travel abroad. Ifth,: petitioner intends to travel abroad, he shall file a separate

NBK,J wP 2465 2026 apptication before this Court if the criminal petition is still pending before this Court by such time (or before the trial Court if the proceedings in C.C. No. 6786 of 2022 resume by such time), stating the purpose and duration of travel; and that application would be dealt on its own merits by imposing appropriate conditions as necessary if abroad travel permission is being granted. Needless to mention that appropriate steps shatl be taken to secure the presence of the petitioner for the purpose of trial in C.C. No. 6786 of 2022, if the conditions imposed while granting abroad travel permission are violated.

8. Accordingly, the writ petition is disposed of Miscellaneous petitions pending, if any, shall stand closed. No costs SD/.AHMED ABDULLA KHAN ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Union of India,, Ministry of ExternalAffairs, South Block, New Delhi-110 001.

2. The Regional Passport Officer,, Hyderabad, Office located at D. No. 8-2-215 to 219, Kummarguda, Secunderabad, Telangana - 500003.

3. One CC to M/s PILLIX LAW FIRM, Advocate [OPUC]

4. ONE CC tO SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA, Advocate IOPUC]

5. Two CD Copies

To SA bs tu 't

HIGH COUIRT DATED i2310312026 ot S" N. $ $ C) LL-tl : i), * WP.No.2465 of 2026 DISPOSING OF THE W.P WITHOUT COSTS. w olvlu