WP/7526/2026 of TIRUPATHI REDDY CHENDI Vs REGIONAL PASSPORT OFFICE on 12 March 2026

ORDER:

The petitioncr made an application to the rcspondent-Passport authority seeking renewal of passport bearing No.H286l760; however, thc passport authority refused to renew the same on the ground that the police verification revealed adversu report stating that criminal proceedings are pending against the petitioner in Crime No.244 of 2O2l of Nandigama l)olice Station and the case is pending trial uide C.C.No.479 <tf 2022 on the file oi learned Prirrcipal Junior Civil Judge, Shadnagar and he is involved in another Crime No.152 of 2018 of Balanagar Police Station and the case is pending trial uide S.C.SPL.No.218 of 2018 on the lile of lcarned Special Sessions Judge for Trial of cases under the Schedulcd Castes and the Scheduled Tribes

NtsK,i wP ?526 2026 (Prevention of Atrocities) Act-cum-ll Additional District & Sessions Judge, IV ahabubnagar.

2. Herrd sri p.sai Sharan, rearned counsel for the petitioner and Dr.Surepalli prashanth, Iearned Standing counsel for central Governmr:nt, for respondent Nos. r and 2. perused the record. 3' Learned counsel for petitioner submits that mere arraignment of the petiticner in a criminar case cannot be a ground for denial of passport. Thcrefore, he seeks renewal of the said passport without reference :o the pendencv of criminal case. 4' Learned Standing Counsel Ibr Central Government relies on the judgment rf the Hon'ble Division Llench of this court in w.A.No.I94 of 2026, dated LT .02.2026.

5. Lear,ed Standing counsel, by referring to office Memorandum dated 10.10.2o19 issued by the Ministry of External Affairs, submits that in vier'r of the pending criminal proceedings against the petitioner, the petitiotter is required to approach the concerned trial court for necessary l{oc/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/permir;sion from the trial Court and therefore there is no illegality in refusing to renew the passport.

-) NIJK..I wP 7526 2026

6. Having considered the respective submissions, at the outset, 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 refler to the orders passed b_r. the Hon'ble Division Bench of this Court in w.A.No.194 of 2026, dared 1r.o2.2026, wherein the Division Bench has observed as follows: " 13. In the light of the principle laid down by the Apex Court concerning the interpretation of GSR S7O(E) dated 25.08.1993 and Office Memorandum dated lO.lO.2Ot9, 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 renewal of the passport. [n 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 notification provides default rules, including issuance for a shorter period, ordinarily one year, in appropriate cases."

7. 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 c.C.No.479 of 2022 on the file of lcarned principal Junior civil Judge, Shadnagar, this Court deems it appropriate to direct the petitioner to approach the court of learned Principal Junior Civil Judge, Shadnagar 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 ,t NBK..I wP_7s26-2026 expediticusly, preferably within one week from the date of filing of such applicati,rn. upon furnishing the Noc by the petitioner, the passport authority shall consider the same for reissuing/renewing of passport in accordance u,ith 1a'*'.

8. It is made clear that the Noc that may be issued by the trial Court to [he petitioner for obtaining passport shall not be construed as a permiss;ion Lo travel abr<lad. [n case the petitioner intends to travel abroad dtrring pendency of criminal proceedings, the petitioner shall 1ile a separate application seeking permission to travel abroad, by specifying the duration of travel, and the trial Court shall consider such applicatiorl on its own merits, by impclsing appropriate conditions in accordance u'ith 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 an-y of the conditions so imposed while granting abroad travel permission.

9. Accordingly, the Writ Petition is disposed of vgith the above said directions. There shall be no order as to costs. Misct:llaneous petitions, if any, pencring in this writ petition, shall stand closed /' SD/.A. SRINIVASA REDDY ANT REGISTRAR /,TRUE COPY// OFFICER

REGIONAL PASSPORT OFFICE, HYDERABAD D.No. 8-2-215 to 219' Kummarguda, Secunderabad 500003, Telangana- _ The Secrbtary Ministry of ExternalAffairs THE UNION OF lNDlA, South Block New Delri. One CC to SRI P. SAI SHARAN, Advocate [OPUC] To,

4' ,BIrB? to Dr SUREPALLT nRASHANTH, sc FoR cENTRAL Gow

5. Two CD Copies BN 4{.

HIGH COI'RT NBK,J DATE D : 1 210312026 l'd ES "til ,1 t;\. /; ,.:;' l; ,.i ,i'*) it .,: 2 5 l4AR 2026 z ' 'ai

ORDER

* WP.No.7526 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^v\