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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No. 7945 of 2026

23^rd March, 2026

Between Bommireddy Dilip Reddy, S/o Yadi Reddy

… Petitioner AND

1. The Union of India, and others … Respondents

ORDER

The petitioner went to the United States of America on 08.08.2023 for the purpose of study, and he is presently in USA. It is his case that when he approached the Indian passport authority at Chicago seeking renewal of his passport, the authorities impounded his passport, stating that criminal proceedings are pending against him in C.C. No. 2942 of 2019 on the file of V Additional Metropolitan Magistrate-cum-Junior Civil Judge, Ranga Reddy District, at L.B. Nagar. It is stated that the petitioner’s sister in-law (wife of his elder brother) filed a case against his elder brother, parents and him, alleging offences under Section 498-A, 406, 506 of IPC, and Sections 3 and 4 of the Dowry Prohibiton Act, and the same was registered as FIR No.275 of 2018 of Saroornagar Women Police Station, Rachakonda Commissionerate, and the police, after investigation, filed

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charge sheet before the trial Court, which was taken on file as C.C.

No.2942 of 2019, and the criminal proceedings are pending as on today.

2. Heard Mr. S. Vijay Prashanth, learned counsel for the petitioner; and Mrs. N.V.R. Rajya Lakshmi, learned Standing Counsel representing Mr. N.

Bhujanga Rao, learned Deputy Solicitor General. Perused the record.

3. Learned counsel for the petitioner would contend that the complainant in the C.C. No. 2942 of 2019 (who was the wife of petitioner’s elder brother), has subsequently obtained divorce on 09.07.2019 by filing divorce petition in USA, and subsequently she married marriage one Avinash Prakash. It is contended that she false complaint against the petitioner and family members with all false allegations and that she is pursuing the false case without withdrawing the complaint despite her obtaining divorce from his elder brother and remarrying. It is contended that this Court in W.P. No.32058 of 2025, in similar circumstances, directed for renewal of passport and therefore similar orders may be passed

in this writ petition as well.

4. Learned Standing Counsel would contend that this Court in W.P. No. 32058 of 2025 passed orders on 03.12.2025. However, subsequently, the Hon’ble Division Bench of this Court in W.A. No. 128 of 2026, dated 05.02.2026, directed the appellant therein to file appropriate application for NOC before the concerned trial Court in India, while setting aside the direction given by the learned single Judge for issuance of emergency certificate. It is contended that the appellant in W.A. No. 128 of 2026, the appellant was abroad and has pending criminal proceedings in India. It is also contended that the petitioner in the instant case stands on a similar

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footing and he too has to approach the trial Court with appropriate application seeking NOC for issuance of passport.

5. Having considered the respective contentions and perused the record, it is relevant to refer to the Judgment of the Hon’ble Division Bench of this Court in W.A. No. 128 of 2026, dated 05.02.2026, wherein it is observed at

paragraphs No. 5 and 6 as follows:

“5. In the above said facts and circumstances, we are of the considered view that the impugned direction issued by the learned writ Court upon the Consulate General of India, Atlanta, to issue emergency certificate as per the Rules, 1980, may not be permissible. The right course for the appellant in such circumstances is to approach the concerned Court of criminal jurisdiction with an application for issuance of no objection certificate and such other ancillary prayers as may be sought in the facts and circumstances of the case. Needless to say that if such application is made before the learned Court, it would take up the matter as early as possible, preferabl