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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.1470 of 2026

Dated: 05.05.2026

Between:

Sri Sheri Kizhakku Muriparambil Mohammed

…Petitioner

AND

The Union of India & others

…Respondents

ORDER:

The Writ Petition is filed challenging the action of respondent

passport authorities in not reissuing/renewing the petitioner’s

passport vide File No.CO4075681969525 on the ground of

pendency of a criminal case.

2. Heard Sri Akshat Sanghi, learned counsel for petitioner;

Sri L. Aravind Reddy, learned Standing Counsel for Central

Government, for respondent Nos.1 and 3 and learned Government

Pleader for Home, for respondent Nos.2, 4 and 5.

3. Learned counsel for the petitioner submits that mere

arraignment of the petitioner in a criminal case cannot be a ground

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for denial of reissuance/renewal of passport. He relies on the

judgment of this Court in W.P.No.3211 of 2026, dated 04.02.2026.

4. Learned Standing Counsel for respondent Nos.1 and 3

submits that criminal case is pending against the petitioner vide

PRC.No.137 of 2024 before the learned IV Additional Chief

Metropolitan Magisrate at Nampally. He, 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 reissuance /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 reissue/renew 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 reissuance/renewal of passport. In this

connection, it is relevant to refer to the orders passed by the

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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.

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 issuance 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 10.10.2019 applicable to the

case on hand.”

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

reissuance/renewal of passport. In view of the pending criminal

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proceedings against the petitioner, this Court deems it appropriate

to direct the petitioner to approach the c