A single judge bench of Andhra Pradesh High Court held as follows,
From Paras 102 and 103,
Kadar Valli Shaik Vs Union of India and 3 Ors on 07 Mar 2023
102. In view of the law as laid down by this Court in Marupudi Dhana Koteswara Rao (supra) that the authorities can seek NOC in case of renewal of passport which is implicit in Rule-5, with which view I am also in agreement that the renewal of passport is also governed by the provisions of the Passport Act, including Sections 5, 6 and the Rules, 1980, the submission of the learned counsels for the petitioners to the contrary based on the view taken by the other High Courts is not acceptable and is rejected.
103. To sum up, this Court holds that;
(i) “Issue‟ of passport in Section 5 of the Passports Act includes “renewal‟ of the passport as well;
(ii) While considering the renewal of the passport, the passport authority would be within its jurisdiction and authority to refuse renewal, on the same grounds as in the cases of issuance of the passport for “the first time‟, provided by Section 6 (2) of the Passport Act. In other words, Section 6 (2) of the Passport Act applies to renewal of the passport, as well;
(iii) In the cases for renewal, to which Section 6 (2) (f) of the Passports Act is attracted, i.e., where the applicant is facing criminal trial in a criminal Court in India, renewal of the passport shall be refused, subject to the fulfillment of the condition under the notification of the Central Government, dated 25.08.1993, issued in exercise of the powers conferred by Section 22 of the Passports Act, upon which such applicant shall stand exempted from the operation of the provisions of Clause (f) of sub-section (2) of Section 6;
(iv) In a case where clause (f) of Section 6 (2) is attracted, the holder of the passport, for its renewal, will have to produce an order from the Court concerned, where the proceedings against him are pending trial in respect of an offence alleged to have been committed by him, permitting him to depart from India;
(v) The notification dated 25.08.1993 applies to the citizen applicants for renewal of the passport even if already departed from India under the passport of which renewal is sought.
(vi) On production of an order, from the concerned Court, as referred in the notification, the renewal of the passport shall not be refused only on the ground of Section 6 (2) (f), i.e., mere pendency of the criminal case for trial;
(vii) Condition (d) of the notification dated 25.08.1993 is an additional requirement and is not in substitution of the requirement from those citizen/applicants who have to produce an order of the Court concerned, where the criminal case is pending, permitting him to depart from India.