IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.4597 of 2026

16^th February, 2026 Between:

Thota Ramesh … Petitioner AND The Union of India & another … Respondents

ORDER:

The case of the petitioner precisely, as per the writ affidavit, is that he applied for issuance of Passport vide Application No.25-1053059906 dated 05.06.2025, however, the 2^nd respondent-Passport authority refused to issue the passport on the ground that the police verification revealed adverse report stating that the criminal proceedings in S.C.No.248 of 2022 on the file of Senior Civil Judge, Suryapet, are pending against the petitioner.

2. Heard Mr. T. Yakaiah, learned counsel for the petitioner; Mr. Angothu Nehru, learned Standing Counsel for the Central Government, for respondents No.1 and 2. Perused the record.

3. Learned counsel for the petitioner essentially contends that mere pendency of criminal proceedings cannot be a ground to refuse issuance of passport. Relying onthe order passed by this Court in W.P.No.2422 of 2024, dated 26.02.2024, learned counsel for the petitioner contends that the petitioner’s request is for issuance of fresh passport, and not renewal, and therefore the petitioner is entitled to passport validity period of ten years.

4. Learned Standing Counsel for the respondents No.1 and 2 would contend that in view of pending criminal proceedings vide S.C.No.248 of 2022 before the trial Court, the 2^nd respondent can process the application only if the petitioner furnishes a No Objection Certificate (NOC) from the trial Court for obtaining the passport.

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