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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.40191 of 2025

23.03.2026

Between:

Sri Talacheeru Raghavendra Rao …Petitioner

AND

The Union of India, Rep.by its Principal Secretary,

Ministry of External Affairs, South Block, Raisina Hill, New Delhi & 4 others

…Respondents

ORDER:

The petitioner made an application to the respondent-Passport

authority seeking renewal of passport; however, the passport authority refused to renew the same on the ground that the police verification revealed adverse report stating that criminal proceedings are pending

against the petitioner.

2. Heard Smt K.Pallavi, learned counsel for the petitioner and Sri S.Sunil, learned Standing Counsel for Central Government, appearing on

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behalf of Sri N.Bhujanga Rao, learned Deputy Solicitor General of India,

for respondent No.1. Perused the record.

3. Learned Standing Counsel, by referring to Office Memorandum dated 10.10.2019 issued by the Ministry of External Affairs, submits that in view of the pending criminal proceedings against the petitioner, the petitioner is required to approach the concerned trial Court for necessary NOC/permission to obtain passport, and thereafter furnish the same before the passport authority for considering issuance of passport. In the instant case, the petitioner has not furnished NOC/permission from the trial Court and therefore there is no illegality in refusing to issue the

passport.

4. Having considered the respective submissions, at the outset, it is settled law that mere pendency of criminal proceedings cannot be a ground to refuse issuance of passport. In this connection, it is relevant to refer to the orders passed by the Hon’ble Division Bench of this Court in W.A.No.194 of 2026, dated 17.02.2026, wherein the Division Bench has

observed as follows:

“13. In the light of the principle laid down by the Apex Court concerning the interpretation of GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.10.2019, we are of the considered view that the appellant should make an application for seeking NOC from the concerned trial courts where criminal cases

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are pending against him. It is upon issuance of NOC that the appellant should file an application for renewal of the passport. In case the courts prescribe a period for which the passport is to be issued, the passport authority should honour that period. Otherwise, if it does not stipulate any period, the notification provides default rules, including issuance for a shorter period,

ordinarily one year, in appropriate cases.”

5. In the instant case, there is no material placed on record to show that the petitioner filed an application before the trial Court seeking a “No Objection Certificate” for obtaining of passport. In view of the pending criminal proceedings against the petitioner in C.C.No.1486 of 2019 pending on the file of learned V Additional Judicial Magistrate of First Class, Nellore, C.C.No.146 of 2024 pending on the file of the learned Additional Judicial Magistrate of First Class, Gudur and C.C.No.891 of 2017 pending on the file of the learned V Additional Judicial Magistrate of First Class, Nellore, this Court deems it appropriate to direct the petitioner to approach the concerned Court, and make an appropriate application seeking a “No Objection Certificate” for obtaining passport. Upon filing such application, the concerned Court shall consider the same and pass appropriate orders expeditiously, preferably within one week from the date of application. Upon furnishing

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the NOC by the petitioner, the passport authority shall consider the same

for issuance of passport in accordance with law.

6. It is made clear that the NOC that may be issued by the trial Court for obtaining passport shall not be construed as a permission to travel abroad. In case the petitioner intends to travel abroad during pendency of criminal proceedings, the petitioner shall file a separate applica