APHC010228432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16936 OF 2025 Between: 1. CHINTAPALLI VIJAY KUMAR, S/o. Naidu, aged 51 years, Occ.Navy Merchant R/o. D No. 49-54-8/2/33, Balayya Sastry Layout Visakhapatnam 530 013, A.P. ...Petitioner AND 1. THE UNION OF INDIA, Rep by its Secretary, Ministry of External Affairs New Delhi 2. The Regional Passport Office, Rep by its Regional Passport Officer Regional Passport Office, 4th Floor, Governorpet M.G. Road, Vijayawada 520 002 Stalin Central, D No. 27-37-158, 3. The Regional Passport Office, Visakhapatnam, Near P.F. Office, Beside Rythu Bazar, marripalem Vuda Layout NAD Post, Visakhapatnam 530 009 4. The Station House Officer, Women Police Station, Visakhapatnam City Visakhapatnam 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 Directioir more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 and 3 in not renewing the petitioner's Passport No. L6735386 on the ground of pending criminal case vide CC No. 1901 of 2023 on the file of I Additional Chief Metropolitan Magistrate at Visakhapatnam as illegal, arbitrary, unconstitutional in violation of principles of natural justice and contrary to the provisions of the passports Act 1967 besides being violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to renew the petitioner's passport bearing No. L6735386 pursuant to the application dated 13.07.2023 without reference to the said criminal case. in the interest of justice. 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 to Direct the respondents 2 and 3 to renew the passport of the petitioner bearing Passport No. L6735386 for a period of 5 to 10 years without referring the criminal cases, pending disposal of the main Writ Petition. Counsel for the Petitioner : SRI THOTA S V L NARASIMHASWAMY Counsel for the Respondents No.4 : GP FOR HOME Counsel for the Respondents Nos. 1 to 3 : POSALA PONNA RAO (DEPUTY SOLICITOR GENERAL OF INDIA) Counsel for the Respondents: The Court made the following ORDER : ► JF' APHC010228432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16936/2025 Between: 1.CHINTAPALLI VIJAY KUMAR, S/0. NAIDU, AGED 51 YEARS, OCC.NAVY MERCHANT IVO. D NO. 49-54-8/2/33, BALAYYA SASTRY LAYOUT VISAKHAPATNAM 530 013, A.P. ...PETITIONER AND 1.THE UNION OF INDIA, REP BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS NEW DELHI 2.THE REGIONAL PASSPORT OFFICE, REP BY ITS REGIONAL PASSPORT OFFICER FLOOR M.G. ROAD. VIJAYAWADA 520 002 3.THE REGIONAL PASSPORT OFFICE, VISAKHAPATNAM, NEAR BESIDE RYTHU BAZAR, MARRIPALEM VUDA LAYOUT NAD POST, VISAKHAPATNAM 530 009 4.THE STATION HOUSE OFFICER, WOMEN POLICE STATION, VISAKHAPATNAM CITY VISAKHAPATNAM DISTRICT REGIONAL PASSPORT OFFICE, 4TH STALIN CENTRAL, D NO. 27-37-158, GOVERNORPET P.F. OFFICE ...RESPONDENT(S): 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 topleased to issue a Writ, Order, or Directioir more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the i m 2 respondents 2 and 3 in not renewing the petitioner's Passport No. L6735386 on the ground of pending criminal case vide CC No. 1901 of 2023 on the file of I Additional Chief Metropolitan Magistrate at Visakhapatnam as illegal, arbitrary, unconstitutional in violation of principles of natural justice and contrary to the provisions of the passports Act 1967 besides being violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to renew the petitioner's passport bearing No. L6735386 pursuant to the application dated 13.07.2023 without reference to the said criminal case, in the interest of justice and to 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 pleased to may be pleased to Direct the respondents 2 and 3 to renew the passport of the petitioner bearing Passport No. L6735386 for a period of 5 to 10 years without referring the criminal cases, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1 .THOTA S V L NARASIMHASWAMY Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following: \ ■■ 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16936/2025 ORDER:- 1. This writ petition is filed claiming the following relief: “...to issue a Writ, Order or Direction more particularly one In the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 and 3 in not renewing the petitioners Passport No.L6735386 on the ground of pending criminal case vide C.C.No.1901 of 2023 on the file of I Additional Chief Metropolitan Magistrate at Visakhapatnam as illegal, arbitrary, unconstitutional in violation of principles of natural justice and contrary to the provisions of the passports Act, 1967 besides being violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to renew the petitioner’s passport bearing No.L6735386 pursuant to the application dated 13.07.2023 without reference to the said criminal case in the interest of justice and to pass such other order or orders...” The case of the petitioner is as follows: 2. 3. The petitioner herein is working as AB (Able Body Seaman) in Merchant Navy Ships in Indian Navy. In the course of his employment, the petitioner herein is required to travel abroad to attend his duty in the port. The petitioner is having a passport bearing No.L6735386 which was issued on 24.01.2014 and valid till 23.01.2024. Since the passport of the petitioner is expired, the petitioner submitted an application dated 13.07.2023 to the 4 respondent authorities seeking for renewal of the said passport. But, the respondent authorities did not consider the said application on the ground that the petitioner herein is involved in a criminal case vide Crime No.391/2022 on the file of WPS, Visakhapatnam, where the petitioner is shown as Accused No.5 for harassment of dowry from the wife of the petitioner’s brother. Later, the charge sheet is filed and the criminal case is numbered as C.C.No.1901 of 2023. Having no other option, the petitioner herein filed Crl.M.P.No.3993 of 2023 in C.C.No.1901 of 2023, wherein the Court below passed an order dated 06.12.2023 directing the respondents to renew the passport of the petitioner. Basing on the said direction, the respondents renewed the passport of the petitioner on 02.01.2024 for a period of one year i.e., till 01.01.2025. 4. During pendency of the above CC, the wife of the petitioner’s brother field DVC against her husband vide DVC No. 137/2023 and the same is pending before the III Metropolitan Magistrate Court, Visakhapatnam. 5. While things stood thus, even though the petitioner made renewal application dated 13.07.2023 before respondent Nos. 2 and 3 seeking to renew his passport for a further period of 10 years, but respondent Nos. 2 and 3 renewed the passport only for a period of one year basing on the direction given by the Court below. Aggrieved by the said order, the petitioner herein filed a W.P.No.19995 of 2024, wherein, this Court passed an order dated 23.09.2024 directing the 2"'^ respondent to consider the 5 fi ■' application of the petitioner and renew his passport in accordance with law, without reference to C.C.No.1901/2023 of the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam within two (02) weeks from the date of receipt of a copy of this order. But the respondent No.2 refused to renew the passport of the petitioner on the ground that this Court did not mention the period of renewal of passport in the order copy. Aggrieved by the same. the petitioner herein filed the present writ petition. For better understanding, the order passed in W.P.No.19995 of 2024 6. dated 23.09.2024 is extracted hereunder: 15. In the light of the settled legal position, this Court is inclined to dispose of the Writ Petition with a direction to Respondent No. 2 to consider the application of the petitioner, and renew his passport, in accordance with law, without raising any objection relating to the Criminal Case vide C.C.No.1901 of 2023 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, within two (02) weeks from the date of receipt of copy of this order. 16. Further, if the petitioner intends to travel abroad, he shall obtain prior permission from the Court concerned for such travel and shall appear before the trial Court, whenever his presence is required by the Court. 17. However, this order shall not preclude the prosecution from taking such steps as are necessary to ensure the presence of the petitioner for any other purposes. There shall be no order as to costs. 6 On the other hand, learned Standing Counsel for the respondents 7. submits that the application dated 13.07.2023 submitted by the petitioner seeking for renewal of the passport would be considered by the respondents within a reasonable time. 8. Having regard to the submissions made by both the learned counsel and pursuant to the orders dated 23.09.2024 passed by this Court in W.P.No. 19995 of 2024, this Court is inclined to dispose of the writ petition with a direction to Respondent No.2 to consider the application dated 13.07.2023 submitted by the petitioner, and renew his passport for a period of two (02) years, in accordance with law, without raising any objection relating to the Criminal Case vide C.C.No.1901 of 2023 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, within two (02) weeks from the date of receipt of copy of this order. 9. Further, if the petitioner intend to travel abroad, he shall obtain NOC from the Court concerned for such travel and shall appear before the trial Court, whenever his presence is required by the Court. 10. However, this order shall not preclude the prosecution from taking such steps as are necessary to ensure the presence of the petitioner for any other purposes. 11. With the above directions, the writ petition is disposed of. There shall be no order as to costs. 7 ii Consequently, miscellaneous applications pending if any. shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To 1. The Secretary, Ministry of External Affairs UNION OF INDIA, Secretary, New Delhi 2. The Regional Passport Officer Regional Passport Office, Regional Passport Office, 4th Floor, Stalin Central, D No. 27-37-158, Governorpet M.G. Road, Vijayawada 520 002 3. The Regional Passport Office, Visakhapatnam, Near P.F. Office, Beside Rythu Bazar, marripalem Vuda Layout NAD Post, Visakhapatnam 530 009 4. The Station House Officer, Women Police Station, Visakhapatnam City Visakhapatnam District 5. One CC to SRI. THOTA S V L NARASIMHASWAMY Advocate [OPUC] 6. One CC to SRI. POSALA PONNA RAO (Deputy Solicitor General of India) [OPUC] 7. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 8. Two CD Copies TAC <1, HIGH COURT DATED:17/07/2025 ANDS^S^ 0 2 AUG 2025 % ^ . Current ieciion , x,- ORDER WP NO. 16936 OF 2025 ‘2- to. DISPOSING THE WP WITHOUT COSTS