Pendency of criminal proceedings is not a ground to refuse passport renewal; however, the applicant must obtain a No Objection Certificate (NOC) from the concerned trial court before the passport authority can process the renewal.

ORDER:

The Writ Petition is filed challenging the action of respondent/passport authorities in not renewing the petitioner’s passport bearing No.N7822139 on the ground of pendency of a criminal case.

2. Heard Mr.Raja Sripathi Rao, learned senior counsel representing Mr.Akhil Munnuri, learned counsel for the petitioner and Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondent Nos.1 and 2 and learned Assistant Government Pleader for Home appearing on behalf of respondent No.3.

3. Learned counsel for the petitioner submits that mere arraignment of the petitioner in a criminal case cannot be a ground for denial of renewal of passport. He relies on the judgment of this Court in W.P.No.3211 of 2026 , dated 04.02.2026. Learned senior counsel further refers to a No Objection Affidavit filed by respondent No.4 reporting no objection of the petitioner travelling to abroad.

4. Learned Standing Counsel for respondent Nos.1 and 2 submits that criminal case is pending against the petitioner vide C.C.No.15924 of 2024 before the XII Addl.Chief Metropolitan Magistrate, Hyderabad. She, 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 renewal 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. This Court has carefully considered the submissions of both parties and perused the material available on record. It is settled law that mere pendency of criminal proceedings cannot be a ground to refuse renewal 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 renewal 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 renewal for a shorter period, ordinarily one year, in appropriate cases.

14. Since the passport of the appellant is going to expire on 28.02.2026, the appellant is at liberty to make an application for renewal of NOC from the concerned courts within this week. If such an application is made before the learned courts, the learned courts would endeavour to take it up expeditiously, preferably within a week, and pass appropriate orders after hearing the parties. It is for the appellant to seek renewal of passport based upon such NOC before the Regional Passport Authority. Needless to say, the Regional Passport Authority would consider the request of extension in accordance with law i.e., the Passports Act, 1967, GSR 570(E) dated 25.08.1993 and Office Memorandum dated 10.