IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9252 OF 2025 Between: Naresh Babu Pala, S/o. Venkateswara Rao, aged about 32 years, Occ: Pvt. Employee, R/o. D.No.6-53 Kannaigudem Mogalthur Mandal West Godavari District. ...PETITIONER AND 1. The Union of India, Rep by Its Secretary, Ministry of External Affairs, New Delhi India. 2. The Regional pass port Officer, The Regional Passport Office, Near PF Office Marripalem Visakhapatnam Andhra Pradesh. 3. The Station House Officer, Mogalture Police Station, Mogaltur, West Godavari District. ...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 to declare the inaction of the 2^^ Respondent to renewal of the petitioner passport by considering the petitioner application No. VS 1076900408324 dt 16-01-2025 due to pendency of the crime against the petitioner is highly, illegal, arbitrary violation of the Art 14,16 and 21 Of the Constitution of India and sec 6 (2) (f) of the Indian Passport Act 1967 and also violation of the principles of natural Justice and consequently direct the respondents to consider the petitioner Renewal w f P* Application No. VS 1076900408324 dt 16-01-2025 to issue the passport to the petitioner without reference to any pending crime against the petitioner. •4 r^'^ NO: 1 OF 2025 J t} Petition under Section 151 CPC praying that in the circumstances 7 stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to consider the petitioner Renewal application No. VS 1076900408324 dt 16-01-2025 to issue the passport to the petitioner without reference to any pending crime against the petitioner. Counsel for the Petitioner: SRI MADHUSUDHAN FOR SRI V. VIJAYA VARDHAN Counsel for the Respondent Nos.1 & 2 : SMT. UMA DEVI Counsel for the Respondent No.3 : SRI AJAY ASST.GP FOR HOME The Court at the stage of admission made the following: ORDER APHC010171772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE •• PRESENT THE HONOURABLE SRJ JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9252/2025 Between: Naresh Babu Pala ...PETITIONER AND Thfe Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 .V VIJAYA VARDHAN Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following ORDER: Heard Sri Madhusudhan, learned counsel representing Sri V.Vijaya Vardhan, learned counsel for the petitioner, Smt.Uma Devi, learned counsel for respondents 1 and 2, and Sri Ajay, learned Assistant Government Pleader for.the 3'"'^ respondent. The above writ petition is filed to declare the action oi the respondents in not issuing/renewing the petitioner’s passport, in pursuance of the application vide No.VS 1076900408324 dated 16.01.2025 pendency of a criminal case, is illegal and arbitrary. 2. due to the 2 3. Learned counsel for the petitioner would submit that the petitioner made 16.01.2025 seeking renewal respondent issued a show-cause notice calling upon the petitioner to submit an explanation. The petitioner, without submitting the explanation, filed the above writ petition. an application vide No.VS 1076900408324 dated / reissuance of passport. The 2"'^ (Ex.P.2), due to adverse police remarks 4. At the hearing, Sri Ajay, learned Assistant Government submit that C.C.No.247 of 2021 Pleader, would on the file of the Additional Judicial First Class Magistrate, Narsapur Police Station i arising out of Crime No.46 of 2017 of the Mogaltur IS pending against the petitioner. The petitioner is arrayed as Accused N.5. 5. When a Court has taken cognizance of a crime and a calender case is pending, the applicant must necessarily approach the jurisdictional Court and make an application, and the Jurisdictional Court will pass appropriate orders. 6. A Division Bench of this Court, in the order dated 29 10 2024 i W.A.No.383 of 2024 in considered Section 6(2)(f) of the Act the judicial an individual, and taking cognizance by the proceedings pending against Magistrate 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, taken judicial notice of the charge sheet filed before Kakinada, having not it, cannot be said to can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal have taken cognizance much less Procedure. 17. Therefore, we would have no hesitalion 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 would attract the provisions of Section 6(2)(f) of the Passports a criminal Court’, which Act, 1967.” 3 7. At this juncture, learned counsel for the petitioner would submit that the petitioner will make an application before the learned jurisdictional Magistrate. Given the facts and circumstances of the case, the writ petition is disposed of at the admission stage, with the consent of learned counsel on either side giving liberty to the petitioner to approach the learned Additional Judicial First Class Magistrate, Narsapur where C.C.No.247/2021 is pending and make an application. Upon making such an application, the learned Additional Judicial First Class Magistrate, Narsapur, shall consider the same and pass appropriate orders regarding renewal/issuing passport to the petitioner as expeditiously as possible, strictly as per the provisions of the Passport Act and the Rules. No order as to costs. 8. As a sequel, pending miscellaneous petitions, if any, shall stand dosed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Secretary, Union of India, Ministry of External Affairs, New Delhi India. 2. The Regional pass port Officer, The Regional Passport Office Near PF Office Marripalem Visakhapatnam Andhra Pradesh. 3. The Station Flouse Officer, Mogalture Police Station, Mogaltur West Godavari District. 4. One CC to Sri V. Vijaya Vardhan, Advocate [OPUC] 5. One CC to Smt. Uma Devi, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. (OUT) 7. Three C.D. Copies. Cnr HIGH COURT DATED: 10/04/2025 ORDER WP.No.9252 of 2025 ^ 01 MAY 2025 ^ . Current section ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS