ORDER:

The petitioner made an application to respondent No.2 seeking renewal of passport bearing No.N3097739; 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 in S.C.No.170 of 2024 on the file of learned Additional Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpally.

2. Heard Sri L.Prasada Rao, learned counsel for the petitioner, Smt N.V.R.Rajyalakshmi, learned Standing Counsel for Central Government representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India for respondent Nos.1 and 2 and learned Government Pleader for Home for respondent No.3. Perused the record.

3. Learned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of passport. Therefore, seeks renewal of the said passport without reference to the pendency of criminal case.

4. Learned Standing Counsel for Central Government relies on the judgment of the Hon’ble Division Bench of this Court in W.A.No.194 of 2026, dated 17.02.2026. Further, 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.

5. 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 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.”

6. In the instant case, there is no material placed on record to show that the petitioner filed an application before the concerned trial Court seeking a “No Objection Certificate” for obtaining of passport. In view of the pending criminal proceedings against the petitioner in S.C.No.170 of 2024 on the file of learned Additional Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpally, this Court deems it appropriate to direct the petitioner to approach the court of learned Additional Chief Judicial Magistrate, Medchal Malkajgiri District at Kukatpally and make an appropriate application seeking a “No Objection Certificate” for obtaining passport. Upon filing such application, the concerned trial Court shall consider the same and pass appropriate orders expeditiously, preferably within one week from the date of filing of such application. Upon furnishing the NOC by the petitioner, the passport authority shall consider the same for reissuing/renewing of passport in accordance with law.

7. It is made clear that the NOC that may be issued by the trial Court to the petitioner fo