Telangana High Court
WP/1480/2026 of Ram Reddy Pagilla Vs Union of India on 6 March 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF TUARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 1480 OF 2026 Between: Ram Reddy Pagilla, S/o Yadi Reddy Pagilla, Aged about
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE SIXTH DAY OF TUARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 1480 OF 2026
Between:
Ram Reddy Pagilla, S/o Yadi Reddy Pagilla, Aged about 49 Years, Occ: Self Employeed, R/o H.No. 4-107, Dothigudem, Jiblakpally, Pochampally, Yadadri Bhongir District'
...PETrrroNER
AND
1. Union of lndia, Rep. by its Under Secretary, Ministry of External Affairs, Pariyala House, Annex, Tilak Marg, New Delhi-1 10 001 .
2. The Regional Passport Officer, Secunderabad, Hyderabad.
3. Madduri Sree Gouri, Wo Ravichandra, Aged about 48 Years, Occ:
Household, Rl/o H.No.3-50, Plot No.84, Gayathri Nagar, Jillelaguda, Ranga ReddY District
...RESP.NDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of Respondent No.2 in not renewing Petitioners Passport bearing No. L73'121O52 pursuant to the application bearing fite No. HYG076374185724 dated 19-03-2024 on the ground of pending criminal proceedings bearing in Crime No. 120 of 2018 Under Section 506, 447, 427 IPC of PS Pochampally vide C.C.No. 1282 of 2021 On the file of Judicial First Class lv'lagistrate at Choutuppal, as illegal, unjust, arbitrary, and contrary to provisions of the Passports Act, 1967 and consequently direct the Respondent No.2 to renew Petitioner passport bearing No. L7314052 on the basls of the i- 'application bearing File HYG076374185724 dated '19-03-2024 without any refence to the said Criminal proceedings bearing Crime No. 120 of 2018 Under Section 506, 447, 427 IPC of PS Pochampally vide C.C.No. 1282 of 2021.
lA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 to consider the Petitioner's application vide File No- HYG076374185724 dated 19-03-2024 for renewal of Petitioner's Passport bearing No. L7314052 without any reference to criminal proceedings ln Crime No. 120 of 2018 Under Section 506,447,427 IPC of PS Pochampally vide C.C.No. 1282of 2021 On the file of Judicial First Class l\ilagistrate at Choutuppal, pending disposal of the main writ petition.
Counsel for the Petitioner: SRI MD.CHAND PASHA
Counsel for the Respondent Nos.'l & 2: SRI ADITHYA CHINTAPANTI, SC FOR
CENTRAL GOVT.
Counsel for the Respondent No.3: --
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT }TYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.148O of 2026
06.o3.2026
Between:
Ram Reddy Pagilla
...Petitioner
AND
Union of India,
Represented by its under Secretary,
Ministry of External Affairs,
Pariyala House Annexe, Tilak Marg,
New Delhi and 2 olhers
...Respondents
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ORDER:
The petitioner made an application to the respondent-Passport authority seeking reneu,al of passport uide File No.HYG07637 4185724, dated 19.O3.2024; however, the passport authority refused [o renew the same on the ground that the police verihcation revealed adverse report stating that criminal proceedings are pending against the petitioner in Crime No.120 of 2018 of Pochampally Police Station and the case is pending trial uide C.C-No. 1282 ol 2O2l on the hle of learned Judicial First Class Magistrate at Choutuppal. :* \--
\BK.J \\P l-130 1016
2. Heard l\{r.Mcl.Chand Pasha, learned counsel for the petitioner and Sri Adithya Chintapanti, iearned Standing Counsel for Central Government, for respondent l{os.1 and 2. Perused the recorcl.
3. Learned counsel for petitioner submiLs lhat mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. He relies on the judgment of this Court in W.P.No.321 1 of 2026, dated 04.02.'2026.
4. Learncd Standing Counsel, by refcrring to Office Memorandum dated 10.10.2019 issued by the Ministrv of External Affairs, submits that in view of the pending criminal proceedings against the petitioner, the petit-ioner is required to approach the concerned trial Court for necessary NOC/ permission to obtain passport, and thereafter furnish the same before the' passport authoriff for considering issuance of passport. In the instant case, the petitioner has not furnished NOC/permission from the trial Court and therefore there is no illegality in relusing to renew the passport.
5. Having considered the respective submissions, at the outset, it is settled iaw that mere pendency of criminal proceedings cannot be a ground to refusc issuance of passport. In this connection, it is relevant to refer to the orders passed by the Hontrle Division Bench of t)
\BK.] \\P llsc 2016 this Court in W.A.No.194 of 2026, dated 17.02.2026, rvherein 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 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 appiication 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 frle an application for renewal of the passport. In case the courts prescribe a penod for which the passport is to be issued, the passport authority should honour that period. btherwise, if it does not stipulate alry period, the notification prowides default rules, including issuance for a shorter penod, ordinarily one year, in appropriate cases."
6. In the instant case, there is no material placed on record to sho,"\. that the petitioner filed an application before the concerned trial Court seeking a "No Objection Certihcate" for obtaining of passport' In view of the pending criminal proceedings against the petitioner in C.C.No.1282 of 2O2l on the file of learneU Judicial First Class Magistrate at Choutuppai, this Court deems it appropriate to direct the petitioner to approach the court of learned Judicial First class Magistrate at Choutuppal and make an appropriate application seeking a "No Objection Certihcate" for obtaining passport' Upon Iiling such application, the concerned trial Court shall consider the same and pass appropriate orders expeditiously, preferably within one week from the date of hling of such appiication. Upon furnishing the NOC by the petitioner, the passport authority shall consider the same for reissuing/ renewing of passport in accordance with law'
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7. It is macle cle:rr- thar the NOC rhat may be issued by the trial court to the petitic,ner for obtaining passport shall not be construed as a permission tc travel abroad. [n case the petitioner intends to travcl abroad cluring pendency of criminal proceedings, the petitioner sl-rall hle a separate applicarion seeking permission to travel abroad, by specifying the duration of travel, and the trial Court shall consider such application on its own merits, by imposing appropriate conditions in accordancc with 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 any ol the conditions so imposed u'hile granting abro:rd travel permission.
8. Accordingly, the Writ petition is disposed of u.ith the above said directions. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed. To PSK SD/- C.DEEPIKA STANT REGISTRAR ,TRUE COPY// SECTION OFFICER
1. The Under Secretary, Union of lndia, IVlinistry of AN{ernal Affairs, Pariyala House, Annex, Tilak Marg, New Delhi-1 10 001 .
2. The Regional Passport Officer, Secunderabad, Hyderabad.
3. One CC to SRI IVD.CHAND PASHA, Advocate [OPUC]
4. One CC to SRI ADITHYA CHINTAPANTI, SC FOR CENTRAL GOVT. loPUCl
5. Two CD Copies TKS S
HIGH COURT DATED:0610312026
ORDER
WP.No.1480 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ u \ .fi,ifr; i'r, n ,,.., ..,.j 2 I rr AB lft2 t *