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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.15370 of 2026

Dated: 05.05.2026

Between:

Pesaru Vigneshwar Reddy …Petitioner

AND

The Union of India,

Represented by the Ministry of External Affairs,

New Delhi and another.

…Respondents

ORDER:

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

Passport authority in renewal of petitioner’s passport on the ground

that there are criminal proceedings pending against him in C.C.No.242

of 2024 on the file of Special Judicial Magistrate of First Class (Mobile)

for trial of cases under PCR Act – cum – IV Addl. Junior Civil Judge,

Khammam.

2. Heard Mr.Y.Sai Teja, learned counsel for the petitioner and

Mr.N.Bhujanga Rao, learned Deputy Solicitor General of India, for

respondent Nos.1 and 2. Perused the record.

3. Learned counsel for the petitioner submits that petitioner is an

Indian Citizen eking out his livelihood in USA and applied for renewal of

passport, however, respondent No.2 insisted for production of No

Objection Certificate from respondent No.3 on the ground that above

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criminal case is pending against the petitioner. He further submits that

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 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

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required in accordance with law within a period of two (2) weeks

thereafter.

6. 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 residing in USA, and in view

of the pending criminal proceedings against him in C.C.No.242 of 2024

on the file of Special Judicial Magistrate of First Class (Mobile) for trial

of cases under PCR Act – cum – IV Addl. Junior Civil Judge, Khammam,

the passport authority refused to renew the passport.

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 Court of Special Judicial

Magistrate of First Class (Mobile) for trial of cases under PCR Act – cum

– IV Addl. Junior Civil Judge, Khammam, and file an application for

issuance of NOC for renewal of passport, along with an application

under Section 317 of Cr.P.C. for dispensing with his personal

appearance. Upon filing such application, the trial Court shall t