IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12388 OF 2025 Between: Vidadala Rajini, W/o. Vidadala Kumara Swamy, Aged about 34 D.No.30-137, Main Road, Purushothama Patnam, Chilakaluripet Palnadu District, Erstwhile Guntur District years ...petitioKTer AND 1. The Union Of India, Represer>ted by its Principal Secretary, Ministry of External Aff^rs, South Block, Secretariat Raisina Hills, New Delhi. 2. The Regional Passport Officer, Regional Pass^rt Office, at 4th Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G. Road,Vijayawada, Andhra Pradesh. ...RESPONDENTS Petition under Article 226^f the Constitution of India praying that in the High Court may more particularly one in the nature of a Writ of Mandamus declaring the action of the 2nd Respondent in not reissuing the Passport in pursuance of the petitioner's application for of passport bearing No. the circumstances stated in the affidavit filed therewith be pleased to issue a Writ, Orde^r pr Direction, reissuance M5406148 vide file No. * VJ2077506715725, (Application reference No.25-1003040495) dated 22.03.2025 on the ground FIRs are registered and investigation is pending against the petitioner as illegal, arbitrary, unjust, unreasonable and violative of Articles 14, 19 and 21 of the Constitution of India and contrary to the provisions of Passport Act, 1967 and consequently direct the Respondents to renew the passport bearing No;. |yi5406148 of the petitioner forthwith. 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 2nd Respondent to renew/reissue the petitioner s passport bearing No. M5406148 vide file No. VJ2077506715725, (Application reference No.25-1003040495) dated 22.03.2025 without reference to the criminal cases, pending disposal of the Writ Petition. Counsel for the Petitioner(s): SRIi K NARSI REDDY ^ Counsel for the Respondent Nos.1 & 2: SRI MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL) The Court made the following: ORDER ■ .w' B SJ-:*/;'!' f .•SS-j: i APHC010245302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3506] r. k THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 12388/2025_ Between: ...PETITIONER Vidadala Rajini AND ...RESPONDENT(S) The Union Of India and Others Counsel for the Petitioner: 1.KNARSI REDDY r ' ; Counsel for the Respondent(S): 1.MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL) I*."? : HCGRJ W.P.No.l2388of2025 The Court made the following order: This Writ Petition is filed under'Article 226 of the Constitution of India for the following relief/s:- "...to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the 2nd Respondent in not reissuing the Passport in pursuance of the petitioner's application for reissuance of passport bearing No M5406148 wdefile No.VJ2077506715725, (Application reference No.25-1003040495) dated 22.03.2025 on the ground FIRs’ are registered and investigation is pending against the petitioner as illegal, arbitrary, unjust, unreasonable and violative of Articles 14, 19 and 21 of the Constitution of India and contrary to the provisions of Passport Act, 1967 and consequently direct the Respondents to renew the passport bearing No.M5406148 of the petitioner forthwith and pass such other order or orders...." Petitioner has submitted an application for renewal of passport, which is due to be expired on 18.08.2025. The 2""* respondent has issued notice dated 01.05.2025, seeking clarification regarding issuance of passport, inter-alia, seeking for information with respect to three (03) crimes vide (1) Crime No. 145 of 2024 of Arundalpet Police Station, Guntur District, (2) Crime No.294 of 2024 of Chilakaluripet Town Police Station, Palnadu District and (3) Crime No.39 of 2025 of Chilakaluripet Town Police Station, Palnadu District, pending against petitioner. Petitioner immediately on the same day has provided the copies of aforesaid crimes and also brought to their notice yet another crime wcfe F.I.R.No.OI/RCO-C IU- ACB/2025 of Central Investigation Unit, Vijayawada, Krishna District, has been registered against the petitioner on 22.03.2025 and informed that the investigation is going on and as of now no charge 2. HCGR,J W.P.No.12388 of 2025 sheets have been filed against the petitioner in any of the aforesaid Despite the same, the respondent No.2 has not renewed the passport. Aggrieved by the same, petitioner preferred present writ petition. 3. Heard Sri K.Narsi Reddy, learned counsel for the petitioner and Sri Mallampalli Srinivas, learned counsel for the respondents. crimes. 4. Learned counsel for the petitioner submits that as all the four (04) crimes referred to above are only at the stage of investigation charge sheets have been filed, the prohibition envisaged under Section 6 (2)(f) of Passport Act, 1967 (hereinafter for short the ‘Acti’), does not apply. Therefore, respondents are not justified in withholding the renewal of passport. He places reliance on the rendered by the Coordinate Bench of this Court in and no judgment W.P.No.13184 of 2024, dated 09.05.2025, which considered the similar issue. Per contra, Sri Mallampalli Srinivas, learned counsel for the respondents placed on record written instructions stating that during the course of verification, as respondent No.2 found that certain 5. pending against the petitioner, clarification was sought for with respect to status of same. - As the petitioner has submitted the has been once against sent for crimes are required information, the same 4 i^' ^ ' i, ' HCGRJ W.P.No.l2388of2025 re-verification, which is stated to be pending for consideration for the purpose of processing the application for renewal. ,3 6. The law on this aspect is well settled. Section 6(2)(f) of the Act, empowers respondents to refuse, renewal or issuance of passport only in case a case is pending before the criminal Court, but not at the stage of investigation.. In the judgment referred to by the learned counsel for the petitioner, after considering the aforesaid provision and also the judgment rendered by the Hon’ble Apex Court and Division Bench of this Court in W.A.No.383 of 2024, directions were issued for renewal of passport. 7. In view of the same, as in' thepesent case also no charge sheets are filed with respect to four (4) crimes referred to above, mere pendency of such criminal cases is not a bar for renewal of passport. : • r 8. In these circumstances, the Writ Petition is disposed of, directing the respondent No.2 to renew/re-issue the passport of the petitioner, in pursuance to application made vide VJ2077506715725, (Application Reference No.25-1003040495) dated 22.03.2025, without reference to crimes (1) Crime No.145 of 2024 of Arundalpet Police Station, Guntur District, (2) Crime No.294 of 2024 of Chilakaluripet Town Police Station, Palnadu District, (3) Crime No.39 of 2025 of Chilakaluripet Town Police Station, Palnadu District and 5 HCGRJ W.P.No.l2388of2025 (4) F.I.R.N0.OI/RCO-CIU-ACB/2025 of Central Investigation Unit Vijayawada, Krishna District. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT/iREGISTRAR //TRUE COPY// 1 ECTION OFFICER To, , Union Of India, Ministry of External Affairs, Secretariat, Raisina Hills, New Delhi. 1. The Principal Secretary South Block 2 The Regional Passport Officer. Regional ^ort Office, at 4th Floor, Governorpet, M.G. Road.Vijayawada, Stalin Central, D.No.27-37-158 Andhra Pradesh. 3. One CC to Sri. K Narsi Reddy>.dvocate [OPUC] * 4. One CC to. Sri. Mallampalli Smivas (CENTRAL GOVT COUNSEL) Advocate [OPUC] 5. THREE CD Copies ^ AL HIGH COURT VACATION COURT DATED:15/05/2025 ORDER WP.No.12388 Of 2025 I 16 may 21)25 ^ . Current Section ■^1 DISPOSING OF THE W.P. WITHOUT COSTS