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2026 Supreme(AP) 497
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI CHEEMALAPATI, J.
Shaik Javeed Dada Saheb S/o. Shaik Hyder Valli - Appellant
Versus
The Union If India - Respondent
Writ Petition No. 15717 of 2026
Decided On : 06-07-2026
Advocate Appeared:
For the Appellant : Shaik Meeravali
For the Respondent: GP For Home, Akhil Krishnan Central Govt Counsel
Citizens facing pending criminal proceedings can obtain passport renewal by securing permission or a 'No Objection Certificate' from the concerned trial court, as per Notification GSR 570(E) and the Passports Act, 1967.
Headnote:(A) Passport Law - Renewal of Passport - Pendency of Criminal Proceedings - Under Notification GSR 570(E), citizens facing criminal proceedings are exempt from the bar under Section 6(2)(f) of the Passports Act, 1967, provided they produce an order from the concerned court permitting them to depart from India. (Para 9)
(B) Procedural Requirement - Permission from Trial Court - Where a charge sheet has been filed and cognizance taken by a competent court, the applicant must approach the said criminal court to seek a 'No Objection Certificate' or appropriate permission for the issuance or renewal of a passport. (Para 10)
Issues: Whether the passport renewal can be denied solely on the ground of pending criminal proceedings without allowing the petitioner to seek permission from the trial court.
The Court made the following order:
RAVI CHEEMALAPATI, J.
Assailing the action of respondent No.3 in refusing to renew the petitioner's Passport Application No.VJ1075890361225 dated 07.11.2025, the present Writ Petition has been filed.
2. Heard Sri Shaik Meeravali, learned counsel for the petitioner, Sri Akhil Krishnan, learned Central Government Counsel appearing for respondent Nos.1 to 3 and the learned Government Pleader for Home appearing for respondent Nos.4 and 5.
3. Learned counsel for the petitioner, in elaboration to what has been stated in the writ affidavit, submitted that the petitioner applied for renewal of his passport on 07.11.2025. However, the same was not processed by respondent No.3 on the ground that a criminal case was pending against the petitioner, as per the adverse police verification report of respondent No.4. He further submitted that respondent No.3 passed an order dated 18.12.2025 directing the petitioner to submit an explanation along with the requisite documents. He further submitted that the petitioner submitted his explanation stating that he had been falsely implicated in Crime No.201 of 2022 of Rajampet Urban Police Station, Annamayya District, registered for the offences punishable under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. After completion of the investigation, a charge sheet was filed, the same was taken cognizance and registered as C.C. No.489 of 2022 on the file of the Court of the Judicial Magistrate of First Class, Rajampet and the same is pending for trial. He further contended that, without properly considering the explanation submitted by the petitioner, respondent No.3 passed the impugned order vide File No.VJ1075890361225 dated 02.03.2026 directing the petitioner to obtain permission from the competent criminal Court to travel abroad on the ground that the criminal proceedings are pending against him. He further contended that the said action of respondent No.3 is illegal, arbitrary, and contrary to law. Hence, prayed to pass appropriate orders protecting the interest of the petitioner.
4. On the other hand, learned Deputy Solicitor General and learned Assistant Government Pleader for Home contended that there is no illegality in the rejection of the petitioner’s application for renewal of his passport, as criminal cases are pending against him. They further submitted that if the petitioner seeks renewal of his Passport, he has to file appropriate application before the Court where the crime is pending and obtain necessary permission to the said effect.
5. Perused the material available on record and considered the submissions made by learned counsel for the parties.
6. Even according to the petitioner, C.C.No.489 of 2022 on the file of the Court of Judicial Magistrate of First Class, Rajampet is pending against him. It is not in dispute that the petitioner’s application No. VJ1075890361225 dated 07.11.2025 for renewal of Passport was rejected on the ground of pendency of the criminal cases.
7. The Hon’ble Supreme Court in Mahesh Kumar Agarwal v. Union of India, 2025 LiveLaw (SC) 1238 held that:
“It is in exercise of this power that GSR 570(E) was issued, creating a controlled exemption from the bar in Section 6(2) (f) in favour of persons facing criminal proceedings who obtain permission from the concerned court and comply with the conditions set out in that notification.”
8. It is appropriate to reproduce Notification No.GSR 570(E), dated 25.08.1993 reads as follows:
G.S.R. 570(E).- In exercise of the powers conferred by clause (a) of Section 22 of the Passports Act 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.298(E), dated the 14th April 1976, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by
