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Laxman Kumar Adluri vs Union Of India
2026 Latest Caselaw 457 Tel

Citation : 2026 Latest Caselaw 457 Tel
Judgement Date : 7 April, 2026

[Cites 1, Cited by 0]

Telangana High Court

Laxman Kumar Adluri vs Union Of India on 7 April, 2026

Author: Nagesh Bheemapaka
Bench: Nagesh Bheemapaka
      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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