WRIT PETITION O: 252 OF 2026 v. The Union of lndia

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more in the nature of a Writ of Mandamus, declaring the action of the Respondent No.2 in not renewing the passport of petitioner made vide File No HY207713O648924 as illegal arbitrary and without jurisdiction and consequently direct the Respondents to forthwith renew the passport of the petitioner made vide Application Reference No. (ARN) 25-2056106985, dated 13-12-2025, for a period of 1 year under Section of Passports Act 1967 and under Rule 12 of Passport Rules 1980 without reference to the criminal proceedings pending against the petitioner. l.A. NO: 1 OF 2026 Petiticn under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondenls herein to forthwith consider the application of the petitioner for renewal of passport vide Application Reference No. (ARN) 2s-zos61o69gs, dated 13-12-2025 for a period of 1 year, without reference to the criminal proceedings pending ag;ainst the petitioner pending disposal of writ petition. Counselfor the Petitioner: SRI S.M.SAIFULLAH Gounselfor the Respondent No.l & 2: SMT N.V.R.RAJYA LAKSHMI, SC FOR CENTRAL GOW., REP. SRt N.BHUJANGA RAO, DEPUTY SOLICITOR GENERIAL OF INDTA counsetfor the Respondent No.3: sRl R.LAKSHMTKANTH REDDY, AGP FOR HOME The Court made the following: ORDER * G;:afi & *'" 7 IN THE IIIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEIT,IAPAKA 3().o3 .2o26 Between: Imran Ali Khan AND The Union of India, Rep.by its Principal Secr etar.,1r, Ministry of External Affairs South Block, Secretariat Raisina Hill, New Delhi and 3 others .Petitioner ORDER: ..Respondents The petitioner is aggrieved by the refusal of the 2nd respondent-Passport authority to renew the passport of the petitioner on the ground that there are criminal proceedings pending against him in s.c.No.l of 2o2s on the file of the learned Judicial First class Magistrate at vikarabad. 2. Heard Mr. s.M.saifuflah, learned counsel for the petitioner; Ms. N.v.R. Rqiya Lakshmi, learned Standing counsel representing Mr. N. Bhujanga Rao, learned Deputy solicitor 2 General of India and Mr. R. Lakshmikanth Reddy, learned Assistanl. Government Pleader for Home. Perused the record. 3. Learned counsel for the petitioner submits that the petitioner is pursuing his studies at United states of America, and his passport is expiring soon, and mere pendency of criminal proceedings ca.nnot be' a ground to refuse issuance / renewal of the passport.

4. Per contra, learned standing counsel would refer to the judgrnent of the learned Division Bench in w.A.No.128 of 2026, dated o5.J2.2o26, 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 ca.se, the petitioner has not approached the concerned trial court for obtaining Noc, and therefore the impugned refusal of the passport authority under Section 6(21 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 Honble Division Bench in w.A.No.l28 of 2026, dated 05.02.2026, the relevant portion of which reads as follows: "T.le right course for the appellant in such circumstances is to approach the concerned Court of criminal jurisdiction \rith an application for t : l t I t I I I { 3 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 required in accordance with law within a period of two (2) weeks thereafter.

6. The 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 SLT of Cr.P.C. to dispense with his personal appearance was liled 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. Further, as the petitioner is said to be studying in United States of America, considering the judgment of the Division Bench of this Courr, in w.A. No. 128 of 2026, dated 0s.02.2026, the petitioner is granred liberty to file a petition under Section 317 Cr.p.C., to dispense with his personal appearance before the trial Court.

7. Accordingly, the writ petition is disposed of, granting liberry to the petitioner to approach the trial Court with appropriate apptication seeking issuance of NOC, along with filing a petition under Section 317 Cr.p.C. to dispense with his personal appearance before the trial Court. Upon filing the "NoC application", and "dispense with personal appearance,, application, the trial Court shall consider the ru*",and pass appropriate . **--" )

4. orders on both the applications, expeditiously, within one week. Thereafter, upon furnishing of NOC by the petitioner, the 2nd respondent- passpoft ztuthority shall consider the same for renewal of passport for the duration zrs specified in the NOC, or the default duration of one year as per Passport Rules. as the case may be, in accordance with law. No costs. Mis,cellaneous petitions pending, if any, shall stand closed. //TRUE COPY/ . ,Sd/.A.V.S. PRASAD DEPUW REGISTRAR SECTION OFFICER c \ To,

1. The Principal Secretary, Ministry of External Rais na Hill, New Delhi, lndia, Union of lndia. South Block, Secretariat

2. The Regional Passport Officer, O/o The Regional Passport Office D.No 8-2- 215'fo 219, Kummarguda Secunderabad, 500003, Telangana.

3. The Commissioner of Police, Hyderabad Commissionerate, Hyderabad Distr ct.

4. The rlonsulate General of lndia, Based on New York, 3 East 64th Street New York NY 10065, USA.

5. fhe .ludicial First Class Magistrate at Vikarabad. 6. One CC to SRI S.M.SAIFULLAH, Advocate [OPUC] 7. ONE CC tO SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERIAL OF lNDlr\, High court for the State of Telangana at Hyderabad IoPUC]

8. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad [OUT]

9. Two tlD Copies BSR/PMK HIGH GOURT 30t03t2026 1 I **{{!" 3 - WP.No.252 of 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS t$ oA