An applicant with pending criminal proceedings must obtain a No Objection Certificate (NOC) from the concerned trial court before the passport authority can process their application for the issuance or renewal of a passport.

ORDER:

This Writ petition is filed to declare the action of the respondents in rejecting the petitioner’s application for issuance of passport vide Application No. HY8076179384826 dated 02.01.2026, on the ground that a criminal case in Crime No.153/2024 under Sections 447, 427, 379 read with 34 IPC of Geesukonda Police Station, Warangal District, is pending, as illegal, arbitrary, contrary to law, and in violation of the provisions of the Passports Act, 1967, and consequently to direct the respondents to process the said application and issue a passport to the petitioner.

2. Heard Sri Thota Yakaiah, learned counsel for the petitioner and Sri P. Shashidhar Reddy, learned Standing Counsel for Central Government, for the respondents.

3. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.4597 of 2026, dated 16.02.2026 and therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under:

“5. It is relevant to note that the Government of India issued an Office Memorandum dated 10.10.2019 clarifying that a "No Objection Certificate" (NOC) issued by a Court takes precedence over an "adverse" police report (provided the details in the police report and the applicant's undertaking match) and, in such instances, the Passport Officer may overrule the adverse report with written approval. Further, if the details in the Police Verification Report and the undertaking are at variance, the applicant may be required to provide clarifications and submit a revised NOC. If an applicant has criminal proceedings pending before several Courts, they are advised to obtain an NOC from all concerned Courts. Further, the order of the Court is to be examined along with the undertaking submitted by the applicant, as well as any other orders of the Court.

6. At this juncture, it is also relevant to refer to the judgment of a coordinate Bench of this Court in Thirumani Nagaraju v. The Union of India (W.P.No.31665 of 2025 (Telangana High Court) observed as follows:

"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 or denying permission.

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

v) The discretion vested in the trial court must be exercised consistent with the presumption of innocence, ensuring that denial of an NOC remains an exception justified only by potential obstruction t