THE HON’BLE SRI JUSTICE N. TUKARAMJI WRIT PETITION No.31627 OF 2025

ORDER

This Writ Petition is filed with the following relief:

““…to issue writ one in the nature of writ of mandamus declaring the inaction respondents to issue passport of the petitioner vide application dated 09.09.2025 bearing file no. HY9075611178825 as illegal, contrary to law and judicial precedents and consequently direct the respondent no. 2 to issue passport of the petitioner vide application dated 09.09.2025 bearing file no. HY9075611178825 immediately without any further delay and to pass......”

2.1. Learned counsel for the petitioner submits that the present writ petition has been filed being aggrieved by the communication dated 09.09.2025 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 the pendency of a criminal case.

2.2. It is further averred that the petitioner was implicated in the said criminal case without any sustainable basis. The petitioner asserts that he has no criminal antecedents and is law-abiding. Despite this, the respondent No.2 failed to duly consider these aspects and issued the impugned communication withholding renewal of the passport.

3. Learned counsel for the petitioner further contends that this Court, in several analogous matters, has held that refusal to issue or renew a passport solely on the ground of pendency of a criminal case, in the absence of any conviction, is arbitrary and contrary to law. Therefore, the action of respondent No.2/RPO in withholding renewal of the petitioner’s passport merely due to the pendency of a criminal case is illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India. He accordingly prays that this Court may be pleased to direct the respondent authorities to renew the petitioner’s passport in accordance with law.

4. I have carefully perused the material on record.

5. It is evedent by the pleadings that 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. 187 of 2023, is pending against him before the I Additional Junior Civil Judge-cum-Special Judicial Magistrate of First Class Mobile Court at Medak, arising out of Manoharabad Police Station is pending against the petitioner.

6. 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.

7. 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.

8. 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.

9. 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 or denying permission.

iv) Where an NOC is granted, t