Citation : 2026 Latest Caselaw 457 Tel
Judgement Date : 7 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.10459 of 2026
07.04.2026
Between:
Laxman Kumar Adluri
...Petitioner
AND
Union of India,
Ministry of External Affairs,
South Block, New Delhi and 2 others
...Respondents
ORDER:
The petitioner made an application to the respondent-Passport
authority seeking issuance of passport; however, the passport
authority refused to issue the same on the ground that the police
verification revealed adverse report stating that several criminal
proceedings are pending against the petitioner in Crime Nos.97 of
2019, 436 of 2021, 215 of 2023, 264 of 2023 and 333 of 2023 and the
cases are pending trial vide C.C.Nos.261 of 2025, 361 of 2025 and
266 of 2025 and the same were transferred to designated Courts.
2. Heard Sri K.Narender and Sri B.Narsing, learned counsels for
the petitioner and Smt N.V.R.Rajya Lakshmi, learned Standing
Counsel for Central Government representing Sri N.Bhujanga Rao,
NBK,J WP_10459_2026
learned Deputy Solicitor General of India, for respondent Nos.1 to 3.
Perused the record.
3. Learned counsels for the petitioner submits that mere
arraignment of the petitioner in a criminal case cannot be a ground
for denial of passport. Therefore, they seeks issuance of the said
passport without reference to the pendency of criminal cases.
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 petitioners
have not furnished NOC/permission from the trial Court and
therefore there is no illegality in refusing to renew 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
NBK,J WP_10459_2026
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
Courts seeking a "No Objection Certificate" for obtaining of passports.
In view of the pending criminal proceedings against the petitioner in
various crimes before various concerned courts, this Court deems it
appropriate to direct the petitioner to approach the concerned
NBK,J WP_10459_2026
designated Courts and make an appropriate application seeking a "No
Objection Certificate" for obtaining passport. Upon filing such
application, the concerned trial Courts 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 passports in accordance with law.
7. It is made clear that the NOC that may be issued by the trial
Courts to the petitioner for obtaining passport shall not be construed
as a permission to travel abroad. In case the petitioner intends to
travel abroad during pendency of criminal proceedings, the petitioner
shall file a separate application seeking permission to travel abroad,
by specifying the duration of travel, and the trial Courts shall consider
such application on its own merits, by imposing appropriate
conditions in accordance with law. Needless to mention that the trial
Court shall proceed in accordance with law to secure the presence of
the petitioner in case of violation of any of the conditions so imposed
while granting abroad travel permission.
8. Accordingly, the Writ Petition is disposed of with the above said
directions. There shall be no order as to costs.
NBK,J WP_10459_2026
Miscellaneous petitions, if any, pending in this Writ Petition,
shall stand closed.
___________________________ NAGESH BHEEMAPAKA,J
Date:07.04.2026 dgr
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