IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8888 OF 2025 Between: Setti Kiran Kumar, S/o. Prasad Rao, Aged 38 years, Represented by General Power of Attorney Holder, Setti Monika w/o Setti Kiran Kumar Aged about 34 years, R/o D.No.6-68-10/3/13, L.V.Nagar down, near Vijayadurga Temple, Old Gajuwaka, Vishakhapatnam, Vishakhapatnam District. ...PETITIONER AND 1. The Union of India, Ministry of External Affairs, Represented by its Secretary, New Delhi, India. 2. The Regional Passport Officer, Vishakhapatnam, Vishakhapatnam District. 3. The Superintendent of Police, Vishakhapatnam, Vishakhapatnam District. 4. The Station Officer, II Town Police Station, Bhimavaram West Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in .0^ the circumstances stated in the affidavit filed therewith, the High Court may ift^ased to issue a Writ or order or direction more particularly one in the herein particularly Respondent No.2 in informing the Petitioner through the of WRIT OF MANDAMUS declaring the action of the Respondents e-mail that the renewal of the Passport belongs to the Petitioner vide passport NO.M7039357 cannot be done in view of the pendency of the case in Bhimavaram II Town Police Station, West Godavari District which will be expiring by 19.04.2025 as nothing but illegal, arbitrary, erroneous, highhanded and violative of Article 14 and 21 of The Constitution of India and consequently direct the Respondent No.2 to renew the passport of the Petitioner vide Passport No. M7039357 of the Petitioner without adhering pendency of the Criminal Case forthwith and pass lA NO: 1 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 may be pleased to direct the Respondent No. 2 to renew the Passport which will be expiring by 19.04.2025 of the Petitioner vide Passport No. M7039357 without adhering to the pendency of the Criminal case against the Petitioner herein forthwith, pending disposal of the main writ petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. A K KISHORE REDDY Counsel for the Respondents No.1 & 2: SRI PASALA PONNA RAO , STANDING COUNSEL FOR CENTRAL GOVERNEMNT Counsel for the Respondents No.3 & 4: GP for HOME The Court made the following Order: APHC010173122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8888/2025 Between: ...PETITIONER Setti Kiran Kumar, AND ...RESPONDENT(S) The Union Of India and Others Counsel for the Petitioner: 1.AKKISHORE REDDY Counsel for the Respondent{S): 1.GP FOR HOME 2. The Court made the following order: The above writ petition is filed to declare the action of the respondents in informing about the refusal to renew the petitioner’s passport due to the pendency of criminal case against the petitioner, as illegal and arbitrary. Heard Sri A.K. Kishore Reddy, learned counsel for the petitioner; Sri B. Hanumantha Rao, learned counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for Home, for respondents 3 and 4. 2. 3. The petitioner is having a passport and since the period of the passport is going to expire on 19.04.2025, made an application for reissuance/renewal Sk W.P.No.8888 of 2 Of his passport bearing No.M7039357 vide TRN No. 100026295400003 before respondent No.2. As per the status report (Ex.PI), since an adverse report was received from the Police, the petitioner was directed to produce the Court’s order for renewal of the passport. 4. Learned counsels for the respondents would submit that a case in crime No.496 of 2021 was registered by Bhimavaram II Town Police Station, for the offences punishable under Sections 498-A read with 34 of I PC and Sections 3 and 4 of the Dowry Prohibition Act. In the said crime, the petitioner was shown as accused No.4. Police filed charge sheet on the file of learned II Additional Judicial First Class Magistrate (AJFCM), Bhimavaram, and the same was numbered C.C.No.241 of 2022. In the charge sheet, the petitioner was shown as ‘absconded’. 5. In reply, learned counsel for the petitioner would submit that the petitioner has been residing in Abu-Dhabhi and the petitioner’s passport will be expiring by 19.04.2025. Learned counsel would submit that the petitioner will come down to India, will attend the Jurisdictional Court and thereafter will make necessary application before the jurisdictional Magistrate, for renewal of the passport. 6. Section 5 of the Passports Act, 1967 (hereinafter referred to as ‘the Act ), envisages applications for passports, travel documents etc. and others thereon. Section 6 of the Act envisages refusal of passports, travel documents etc. 7. Section 6 (2) (f) of the Act is extracted herewith: (2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel documentfor visiting any foreign country under clause (c) of sub-section (2) of section 5 on SRS,J W.P.No.8888 of 2025 ^ge 3 of 5 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; Mere pendency of a criminal case does not mean that the guilt against the accused is proved. The Horj’ble Apex Court in Sumit Mehta v State of NCT of Delhi, observed as follows: 8. “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.” 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: 9. "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, as seen from the material available on record, there is no dispute regarding pendency of a criminal case against the petitioner in C.C.No.241 of 2022, and arraying the petitioner as A4. In the charge sheet, the petitioner was shown as ‘absconded’. However, the petitioner is out India and is intending to visit India to approach the jurisdictional Coun 10. rage 4 of 5 SRS,j W.P.No.8888 of 202 regarding the criminal case. To visit India, since the petitioner is in a foreign country, he needs a passport. Given the peculiar facts and circumstances, since the petitioner’s passport is expiring by 19.04.2025, learned respondent No.2 shall renew the passport for a period of four months, in pursuance of application made by the petitioner vide TRN No. 100026295400003, enabling the petitioner to come down to India and to appear before the jurisdictional Court and to make necessary application before the jurisdictional Magistrate. Upon renewal of the passport, for a limited period, the petitioner shall come down to India and rp : ear before the jurisdictional Magistrate and make necessary application. 11. With the above directions, this writ petition is disposed of. No costs. 12. Sd/- N NAGAMMA assistant registrar //TRUE COPY// SEcfluN OFFICER To, 1. The Union of India, Ministry of External Affairs, Represented by its Secretary, New Delhi, India. 2. The Regional Passport Officer, Vishakhapatnam, Vishakhapatnam District. 3. The Superintendent of Police, Vishakhapatnam, Vishakhapatnam District. 4. The Station Officer, II Town Police Station, Bhimavaram West Godavari District. 5. One CC to SRI. A K KISHORE REDDY Advocate [OPUC] 6. One CC to SRI.PASALA PANNA RAO, STANDING COUNSEL FOR CENTRAL GOVERNMENT.[OPUC] 7. Two CCs to GP for HOME, High Court of Andhra Pradesh.[OUT] 8. Three CD Copies vna HIGH COURT DATED:04/04/2025 ORDER 0^ % S' 01 APR 2025 s current seciion^ WP.No.8888 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS