THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.31575 OF 2025

ORDER

This Writ Petition is filed with the following relief:

“to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus and set aside the orders in CrI.M.P.No.2807 of 2025 in C.C.No.1286 of 2022 dated 21-08-2025 and CrI.M.P.No.390 of 2025 in C.C.No.143 of 2021 dated 21-08-2025 passed by the Principal Judicial Magistrate of First Class-cum- Junior Civil Judge, Warangal. as illegal, arbitrary and also in violation of principles of natural justice……...”

2.1. Learned counsel for the petitioner submits that the petitioner is a passport holder who intends to renew his passport. However, the petitioner’s request for renewal was declined by the court below on the ground of pendency of a criminal case.

2.2. It is further averred that the criminal cases registered against the petitioner is false and asserts that the petitioner has no criminal antecedents and has maintained a good travel record. Aggrieved by the order of the trial court declining to issue a No Objection Certificate (NOC) for renewal of the passport, the petitioner has approached this Court seeking appropriate relief.

2.3. Learned counsel further contends that the issue raised herein has already been considered by this Court in several similar petitions, wherein it has been held that refusal to issue or renew a passport solely on the ground of pendency of a criminal case, in the absence of a conviction, is arbitrary and contrary to law. It is, therefore, submitted that the impugned orders withholding renewal of the petitioner’s passport merely on the ground of pendency of a criminal case is illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India. Accordingly, the petitioner prays for permission to renew his passport. 3. I have carefully perused the material on record.

4. The petitioner’s application seeking issuance of an NOC for renewal of his passport was declined by the learned Principal Judicial Magistrate of First Class-cum- Junior Civil Judge, Warangal, on the ground that a criminal case bearing Crime No. 143 of 2021, arising out of Mamnoor Police Station, is pending against him.

5. In this context, it is necessary to clarify that the pendency of a criminal case does not, ipso facto, operate as an absolute bar to renewal of a passport. The process is governed by the statutory framework under the Passport Act, 1967, and the Government of India Notification G.S.R.

570(E) dated 25.08.1993.

6. Under Section 6(2)(f) of the Passport Act, 1967, the Passport Authority may refuse to issue or renew a passport if proceedings in respect of an alleged offence are pending before a criminal court in India, unless the applicant obtains permission from the court before which such proceedings are pending.

7. The aforesaid Notification G.S.R. 570(E) creates a statutory exemption permitting issuance or renewal of a passport to such applicants, provided they produce either (i) a No Objection Certificate (NOC) or (ii) an order of permission from the competent court allowing renewal during the pendency of the criminal case.

8. In light of the above statutory framework, the standard procedure for renewal of a passport in cases involving pending criminal proceedings is as follows:

i) The applicant shall file a formal application before the concerned trial court seeking issuance of an NOC for renewal of the passport.

ii) Upon such application, the court shall notify the prosecution and afford it an opportunity to submit objections, if any.

iii) The court shall consider the nature and gravity of the alleged offence, the stage of proceedings, the antecedents of the accused, and the likelihood of misuse of the passport before passing a reasoned order either granting or refusing permission.

iv) Where an NOC is granted, the court may impose appropriate conditions, such as obtaining prior leave for travel abroad, furnishing security, or periodic reporting to authorities