IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVi^^F (Special Original Jurisdiction) ' FRIDAY. THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE \t O hi { "C o A PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6747 OF 2025 Between: Thorlikonda Suresh, S/o Durgarao, Age 30 years, R/o D.No.3-11, Dasupalem, Perecherla, Guntur-522005, Currently residing at 37 Downsell Road, Redditch B97 5RP, United Kingdom-447436160925. ...PETITIONER AND The Union of India, Ministry of External Affairs, Represented by its Secretary New Delhi. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Home, Secretariat, Velagapudi Guntur. The Regional Passport Office, Represented by its Regional Passport Officer, Near MG Road, 0pp. Radio Station (AIR), Old Venkateswara Theatre Complex, Vijayawada - 520610. The Station House Officer, Machavaram Police Station, NTR Police Commissionerate, Vijayawada City. 1. 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3 Respondent in not issuing the Passport to the Petitioner in pursuant to his Application in file No.25-1002613247dated 01.03.2025 as illegal, arbitrary, high-handed and violative of fundamental rights guaranteed to the rd Petitioner under Articles 14, 19 and 21 of the Constitution of India apart ' from the provisions of Passport Act, 1967 and consequently to direct the 3^^ Respondent to issue passport to the Petitioner in pursuant to his 'Application in file No.25-1002613247dated 01.03.2025. lAAtofl OF 2025 Petition 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 3'"^ Respondent to issue passport to the Petitioner in pursuant to his application in file No.25-1002613247dated 01.03.2025 as expeditiously as possible. Counsel for the Petitioner: Ms. SHAIK SHAHEDAZ Counsel for the Respondent Nos.1 & 3: SRI P.RAJUESH REPRESENTING SRI Y.V. ANIL KUMAR, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent Nos.2 & 4: SRI AJAY, ASST.GP FOR HOME The Court made the following: ORDER APHC010127482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6747/2025 Between: Thorlikonda Suresh ...PETITIONER AND The Union Of India and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.SHAIKSHAHEDAZ Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following ORDER: Heard Ms.Shaik Shahedaz, learned counsel for the petitioner, Sri P.Rajesh, learned counsel representing Sri Y.V.Anil Kumar, learned counsel for respondents 1 and 3 and Sri Ajay, learned Assistant Government Pleader for respondents 2 and 4. rd 2. The above writ petition is filed to declare the action of the 3 respondent in not issuing a passport in pursuance of an application vide file No.25-1002613247 dated 01.03.2025, as illegal and arbitrary. 3. Initially the petitioner applied for the reissue of passport bearing No.M- 8930312 on 22.01.2025. The application was received at the Consulate 2 General of India (CGI) on 23.01.2025 and processed on 24.01.2025 vide file No.UKI 075459141325. Later, the police authorities mentioned adverse comments “the applicant, is involved in Cr.No.399/2024 under Sections 85, 324(2) BNS, 3 & 4 of DP Act of Machavaram Police Station”. The petitioner surrendered the passport bearing No.C7355412 to CGI, Birmingham, United Kingdom. The petitioner came down to India and applied for a passport vide application in file No.25-1002613247 dated 01.03.2025 on Tatkal scheme before the 3'"^ respondent. The 3'^^ respondent issued an objection letter vide Ref.No.OBJ/321100073/25, dated 11.03.2025 based upon the adverse police verification report that “the applicant is involved in Cr.No.399/2024 under Sections 85, 324(2) of BNS, Section 3 & 4 of DP Act of Machavaram Police Station”. 4. Learned counsel for the petitioner would submit that the petitioner appeared in person and submitted an explanation to the objection letter dated 11.03.2025. However, the 3'”'^ respondent has not issued any passport. Learned Assistant Government pleader would submit that, so far the police have not filed a charge sheet and the Jurisdictional Court has taken Learned counsel appeared for the passport authority, would submit that due to adverse remarks, the authority could not issue a passport. Consideration; 5. 6. cognizance. 7. Thus, as seen from the material available on record, there is no dispute regarding the pendency of Crime No.399 of 2024 of Machavaram Police Station against the petitioner. 8. Section 6 of the Act deals with the refusal of passports, travel documents etc. Section 6(2)(f), which is relevant is extracted hereunder: '6. Refusal of passports, travel documents, etc. 3 Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: - (2) (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; The Hon’ble Apex Court in Sumit Mehta v State of NCT of Delhi observed as follows: “The law presumes an accused to be innocent till his guilt is proved. As a presumable innocent person, he is entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India.” 9. The Division Bench of the Hon’ble Apex Court in its decision reported in Satish Chandra Verma v. Union of India (UOI) and others^, observed as under: 10. "The right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual, not only by extending his freedoms of action, but also by extending the scope of his experience. The right also extends to private life; marriage, family and friendship which are the basic humanities which can be affected through refusal of freedom to go abroad and this freedom is a genuine human right." In the case at hand, except for registering a crime, no charge sheet is filed. The mere pendency of a criminal case is not a ground to deny a passport if the application is otherwise in order. 11. ^2&13(15) see Page 570 ^ LAWS 2019(2) see Online Se 2048 A Given the facts and circumstances of the case, the writ petition is disposed of, at the admission stage, with the consent of all the learned counsel, directing the 3^^ respondent to consider the petitioner’s application vide file N.VJ2077472213925 dated 07.03.2025 and issue passport to the petitioner keeping in view Section 7 of the Act read with Rule 12 of the Passport Rules, 1980, within three weeks from the receipt of a copy of this order. No order as to costs. 12. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAWIMA assistant registrar (^ri^JoFFlCER //TRUE COPY// SE To, 1. The Secretary, Union of India, Ministry of External Affairs, New Delhi. 2. The Principal Secretary, Department of Home, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Regional Passport Officer, Regional Passport Office, Near M.G Road, Opp: Radio Station (AIR), Old Venkateswara Theatre Complex, Vijayawada - 520610. 4. The Station House Officer, Machavaram Police Station, NTR Police Commissionerate, Vijayawada City 5. One CC to Ms. Shaik Shahedaz, Advocate [OPUC] 6. One CC to Sri Y.V.Anil Kumar, Central Government Counsel.[OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. gi HIGH COURT DATED:21/03/2025 ORDER WP.No.6747 of 2025 2 7 MAR 2D25 >/cc m Current Section ■5*^. DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS