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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
Mohammed Tahseen – Appellant
Versus
The Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner's request for passport renewal. (Para 2) |
| 2. argument against passport denial based on pending charges. (Para 3 , 4) |
| 3. legal framework surrounding travel rights and passport issuance. (Para 5 , 6 , 7 , 8 , 9) |
| 4. court's decision regarding passport renewal despite pending case. (Para 10) |
| 5. final directives for renewing the passport. (Para 11) |
ORDER :
1. Heard Mr. Mohd Rafee, learned counsel appearing on behalf of the petitioner and Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing on behalf of respondent Nos.1 and 2.
2. The Case of the petitioner as per the averments made by the petitioner in support of the present writ petition is that the petitioner is a resident of Purani Haveli at Hyderabad. He has obtained passport bearing No.G7252775 from respondent No.2 vide File No.HY3075585665323, dated 18.07.2023, which was valid upto 23.01.2018. Therefore, he has applied for renewal of passport by following the due procedure. After several representations being made by the petitioner, the petitioner has received a letter No.SCL/316361085/23, dated 01.12.2023, from the Passport authorities stating that the petitioner is involved in Crime No
Mere pendency of a criminal case against an applicant cannot justify refusal to renew a passport; the presumption of innocence must be upheld.
Mere pendency of criminal case does not bar passport renewal; requires court permission only for travel abroad.
Mere pendency of criminal case does not bar passport renewal processing by passport authority.
Pendency of criminal proceedings does not automatically bar passport renewal; restrictions on rights must be just and legal, emphasizing individual liberty under Article 21.
The mere pendency of a criminal case cannot deny the issuance or renewal of a passport, ensuring respect for constitutional rights unless a specific court order prohibits it.
The mere pendency of a criminal case does not justify denial of passport renewal; a No Objection Certificate from the trial court is required for valid renewal.
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