THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.31665 OF 2025

ORDER

This Writ Petition is filed with the following relief:

“pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS against the 2nd respondent in refusing to reissue / renew the passport of the petitioner by issuing the impugned notice dated 17-09-2025 on account of pendency of the Cr.No.553/2021 U/s 186,353,506,147 r/w 149 IPC of Medipally PS. This case is under PT vide CC.No. 10087/2021 at IV Addl. Metropolitan Magistrate, Ranga Reddy District at LB Nagar as the same is illegal arbitrary and violative of Article 14, l9and 21 of the constitution of India and the against the principles of natural justice and consequently set aside the order dated 17-09-2025 vide letter reference no. OBJ/1050097133/25and direct the Respondent No.2 to reissue/ renew the passport vide P2619543……...”

2.1. Learned counsel for the petitioner submits that the present Writ Petition has been instituted, being aggrieved by the communication dated 17.09.2025 issued by respondent No.2-the Regional Passport Officer (RPO), whereby the petitioner’s request for renewal of his passport was withheld on the ground of pendency of a criminal case. 2.2. It is further submitted that this Court, while dealing with an analogous issue in Ashith Ragi v. Union of India, represented by the Secretary to Government, Ministry of External Affairs, New Delhi (W.P. No. 11927 of 2025, decided on 24.04.2025), categorically held that refusal to issue or renew a passport solely on the ground of pendency of a criminal case, in the absence of conviction, is arbitrary and contrary to law. Accordingly, it is contended that the action of respondent No.2/RPO in withholding renewal of the petitioner’s passport merely on the ground of pendency of criminal proceedings is illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India. The petitioner, therefore, prays for issuance of an appropriate direction to the respondent authorities to renew his passport in accordance with law.

3. I have carefully perused the material on record.

4. The petitioner’s application for renewal of passport was withheld by respondent No.2/RPO on the ground that a criminal case, bearing Crime No. 553 of 2021, is pending against him before the IV Additional Metropolitan Magistrate, L.B.Nagar, arising out of Medipally Police Station.

5. In this context, it is necessary to clarify that though 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 where such proceedings are pending.

7. The Notification G.S.R. 570(E) carves out a statutory exemption, permitting the 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 scheme, the standard procedure for an individual facing pending criminal proceedings to seek renewal of passport is as follows:

i) The applicant must 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) Upon considering 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, the court shall pass a reasoned order either granting o