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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.10134 of 2026

06.04.2026

Between:

Thippyreddy Mahender …Petitioner

AND

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

Ministry of External Affairs, South Block, Secretariat,

Raisina Hill, New Delhi, & 3 others …Respondents

ORDER:

The petitioner is aggrieved by the refusal of the 2^nd

respondent-Passport authority to renew the passport of the petitioner on the ground that there are criminal proceedings pending against him in C.C.No.64 of 2023 on the file of the

Judicial Magistrate of First Class at Korutla.

2. Heard Mr. Alluri Divakar Reddy, learned counsel for the petitioner and Ms. N.V.R. Rajya Lakshmi, learned Standing

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Counsel representing Mr. N. Bhujanga Rao, learned Deputy

Solicitor General of India. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner is residing in the Saudi Arabia, and his passport is expiring on 28.08.2026, and mere pendency of criminal proceedings cannot be a ground to refuse issuance / renewal of

the passport.

4. Per contra, learned Standing Counsel would refer to the judgment of the learned Division Bench in W.A.No.128 of 2026, dated 05.02.2026, and submit that the petitioner has to obtain NOC from the concerned trial Court and thereafter approach the passport authority for renewal of passport; however, in the instant case, the petitioner has not approached the concerned trial Court for obtaining NOC, and therefore the impugned refusal of the passport authority under Section 6(2) of the

Passports Act, cannot be said to be arbitrary or illegal.

5. Considering the respective submissions, at the outset, it is relevant to refer to the judgment of the Hon’ble Division Bench in W.A.No.128 of 2026, dated 05.02.2026, the relevant portion of

which reads as follows:

“The right course for the appellant in such circumstances is to approach the concerned Court of criminal jurisdiction with an application for

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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, preferably, within the same week and after hearing the parties, pass such orders as may be required in accordance with law within a period

of two (2) weeks thereafter.

6. The learned Senior Counsel for the appellant at the end submits that on account of inability of the appellant to appear before the learned Court on 27.12.2025, a petition under Section 317 of Cr.P.C. to dispense with his personal appearance was filed before the learned Court and the same is pending. The appellant is at liberty to press the said application before the learned Court while seeking issuance of no objection certificate through appropriate application as observed

hereinabove.”

6. In the instant case, the petitioner is said to be working in Saudi Arabia, and in view of the pending criminal proceedings against him in C.C.No.64 of 2023 on the file of the Judicial Magistrate of First Class at Korutla, the passport authority

refused to renew.

7. In that view of the matter, and considering the judgment of the Hon’ble Division Bench in W.A.No.128 of 2026, dated 05.02.2026, the petitioner is granted liberty to approach the concerned trial court, and file an application for issuance of NOC for renewal of passport. Upon filing such application, the concerned trail court shall take up the matter as early as possible, preferably, on the same day, after hearing the parties,

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pass such orders as may be required in accordance with law. Upon the petitioner furnishing the NOC before the passport authority, the same shall be considered by the passport

authority for renewal of the passport in accordance with law.

8. Accordingly, the writ petition is disposed of with the above

directions. No costs.

Miscellaneous petitions, if any, pe