IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) V-.-' MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI V. WRIT PETITION NO: 8715 OF 2024 Between: Purushotam Budala, S/o. Babu Rao Budala R/o.D.No.6-1/2-11, Vinukonda Vari Street, Near MPL School, Chitti Nagar, Vijayawada, NTR District, AP-520001 ...Petitioner AND 1. Union of India, Rep.by its Secretary, Ministry of External Affairs New Delhi. ' ' The regional Passport Officer, Regional Passport Officer, Ministry of External Affairs, Vijayawada. Station House Officer, II Town Police Station, Vijayawada. 2. 3. ...Respondents Petition under Article 22^of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of VVrit of Mandamus declaring the letter reference No. SCN/317226803/24, dated 01-03-2024 where under the 2nd respondent reused to issue passport on the basis of pendency of criminal case in the FIR No. 106/2022 of 3rd respondent as illegal, arbitrary and in violation of Article 14 and 21 of the Constitution of India and to consequently set aside A the same and further direct the respondent issue the passport to the petitioner without reference to FIR No. respondent. 10^22 on the file of 3rd lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the 2nd respondent toJ$sue the passport to the petitioner without reference to FIR No. 106/2022 on the file of 3rd respondent pending disposal of the writ petition. ' Counsel for the Petitioner: SRI. MODUGU VENU GOPAL Counsel for the Respondent No. 1&2: M/s M UMA DEVI (CENTRAL GOVT COUNSEL) Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: .(t APHC010172382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8715/2024 Between: ...PETITIONER Purushotam Budala AND ...RESPONDENT(S) Union of India and Others Counsel for the Petitioner: 1.MODUGU VENU GOPAL Counsel for the Respondent{S): 1.M UMA DEVI (CENTRAL GOVT COUNSEL) 2.GP FOR HOME The Court made the following: ::ORDER:: Heard Sri M. Venugopal, learned counsel for the petitioner; Smt. M. Uma Devi, learned standing counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for Home, for respondent No.3. The petitioner applied for issuance of passport before respondent No.2. Respondent No.2, based on the Police Verification Report, issued letter reference No.SCN/317226803/24 dated 01.03.2024 seeking clarification regarding a criminal case pending against the petitioner. The petitioner submitted an explanation dated 01.04.2024. Complaining non-issuance of 2. passport, due to the pendency of criminal case No. 106 of 2022 on the file of II Town Police Station, Vijayawada, the above writ petition is filed. Learned counsel for the petitioner would submit that mere pendency of a criminal case does not bar the authority from issuing passport, as per Section 6(2)(f) of the Passports Act, 1967 (for short ‘the Act’) and the guidelines issued vide G.S.R. 570(E) dated 25.08.1993. 3. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that the Police filed charge sheet in respect of crime No. 106 of 2022 of II Town Police Station, Vijayawada, on the file of learned Chief Judicial Magistrate Court, Vijayawada. He would submit that the Criminal Court has not assigned any number, so far. Thus, as seen from the material available on record, there is no dispute regarding issuance of clarification notification dated 01.03.2024 (Ex.P1) and submission of the explanation, dated 01.04.2024 by the petitioner. 5. 6. 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. (2) 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: - (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; 7. 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 2013(15) see Page 570 € 4j fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution of India.” 8. 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: "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." 9. The Division Bench of this Court in W.A.No.383 of 2024 considered Section 6(2)(f) of the Act, the judicial proceedings pending against individual and also taking cognizance by the Magistrate and observed as under: \ . 16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of 'proceedings pending before a criminal Court’, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967. ^ LAWS 2019(2) see Online Se 2048 In the case at hand, a criminal case was registered against the petitioner. However, charge sheet filed has not been numbered so far and thus, the criminal Court has not taken cognizance so far. Mere pendency of a criminal case is not a ground to deny passport, if the application is otherwise in order. 10. 11. Given the facts and circumstances of the case, the writ petition is disposed of, at the admission stage, with the consent of learned counsel either side, directing respondent No.2 to consider the petitioner’s explanation dated 01.04.2024 and application vide file No.VJ2075773926123 dated 12.09.2023 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 the order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. on SD/- M PRABHAKAR RAO ASSISTANT REGISTRAR y //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Ministry 2. The regional Passport Officer, External Affairs, Vijayawada. 3. The Station House Officer, II Town Police of External Affairs, New Delhi. Regional Passport Officer, Ministry of Station, Vijayawada. [OPUC] (Central Govt Counsel) fOPUC] High Court of Andhra Pradesh [OUT] 4. One CCto Sri. Modugu Venu Gopal Advocate 5. One CC to M/s. M Uma Devi 6. Two CCs to GP for Home 7. Three CD Copies GSC HIGH COURT DATED:17/03/2025 ORDER WP.No.8715 of 2024 % o ii J 8 m 3- tfii Cuert'fit Sectior: T’- DISPOSING OF THE WP WITHOUT COSTS