IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY. THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13181 OF 2Q2fi Between: 1. Gajji Vamsi Krishna, S/o Gajji satyanarayana, Aged about 44 years, Door No 72-14-7/5.6th street,,AVA Road, Fortune Heights. Baba Nagar,’ Rajahmundry (Urban). East Godavari District Andhra Pradesh 533106 Pin no 2. Gajji satyanarayana. S/o Appalaswamy. Aged about 71 years Door No 72-14-7/5,6th street, AVA Road, Fortune Heights, Baba Nagar Rajahmundry (Urban), East* Godavari District Andhra Pradesh Pin no533106 (2"" petitioner represent on behaif of 1=' petitioner through Generai Power of Attorney GPA) ...PETITIONERS AND 1. The Union of India. Ministry of External Affairs New Delhi. 2. The Regional Passport Office. Rep by Vishakhapatnam. 3. The Superintend of police, Rajahmundry, East Godavari 4. The Station House Officer. Prakash Nagar, Rajahmundry (Urban) East Godavari District. Andhra Pradesh. Rep by its Secretary, its Regional passport officer District. ...RESPONDENTS of India praying that in the circumstances stated in the affidavit filed therewith, the High Court Petition under Article 226 of the Constitution may be pleased to issue appropriate Writ, Order direction more particularly one in the nature of WRIT OF MANDAMUS declaring inaction on the part of the respondents 1 and 2 in refusing to renew my passport bearing No Z3538243 as illegal and arbitrary and consequently direct the respondents to renew my above mentioned passport in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 and 2 to renewal my son s passport bearing No. Z3538243 pending the writ petition in this Hon'ble Court. Counsel for the Petitioner: SRI NAGANJANEYULU BORRA Counsel for the Respondent Nos. 1 & 2: SRI G VENKATESWARLU Counsel for the Respondent Nos. 3 & 4: GP FOR HOME The Court made the following: ORDER APHC010256592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] r • FRIDAY .THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13181/2025 Between: Gajji Vamsi Krishna, and Others ...PETITIONER{S) AND The Union Of India and Others Counsel for the Petitioner{S): 1.NAGANJANEYULU BORRA Counsel for the Respondent{S): 1.GP FOR HOME ...RESPONDENT(S) 2. The Court made the following ORDER: Heard Sri B.Naganjaneyulu, learned counsel for the G.Venkateswarlu, learned counsel for respondents 1 & 2 and Sri Ajay, Assistant Government Pleader for Home for respondents 3 & 4. petitioners, Sri learned 2. The above writ petition is field to declare the action of 2 not renewing/re-issuing the passport to the 1 application made vide reference No.25-2000050910 nd respondent in petitioner, in pursuance of St dated 10.03.2025 due to on the file of the Kakinada, as illegal and the pendency of a criminal case vide C.C.No.741 of 2021 learned I Additional Judicial Magistrate of First Class arbitrary. T 2 Learned counsel for the petitioner would submit that the petitioner holds a passport bearing No.Z3538243, issued on 03.02.2016 and is valid petitioner made an application through online on petitioner about an adverse police verification report in Crime no.117 of 2021 of Disha Women Police Station, Kakinada for the offences punishable under Sections 198-A, 506 r/w 34 IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act. 1961. Learned counsel for the petitioner would submit that after registration of crime, the police filed final report before the Jurisdictional court and the same is numbered C.C.No.741/2021 on the file of on the file of the learned I Additional Judicial Magistrate of First Class, Kakinada. petitioner and others filed Criminal Petition No.8161 of 2022. The Coordinate bench of this Court passed an interim order on 17.10.2022 granting interim stay of all further proceedings in C.C.No.741/2021 on the file of on the file of the learned I Additional Judicial Magistrate of First Class, Kakinada and the order is subsisting as on today. Learned counsel for the petitioner would submit that the 1"’ petitioner is presently residing in USA due to his employment and if the passport is not renewed/re-isssued the 1"‘ petitioner will lose his employment. Learned counsel for the respondents would submit that since the criminal case is pending against the petitioner and the jurisdictional court has taken cognizance, the 1^^ petitioner has to approach the jurisdictional court. The point for consideration is; Whether non-issuance (renewal/re-issue) of passport due to the pendency of C.C.No.741 of 2021 when there is stay of operation of criminal proceedings, is sustainable? 3. upto 02.02.2026. The 1 10.03.2025. An email was communicated to the 1 4. 5. The 1 6. 7. Section 5 of the Passports Act, 1967 (hereinafter referred to as ‘the Act’), envisages applications for passports, travel documents etc. and others 8. 3 thereon. Section 6 of the Act prescribes refusal of passports, travel documents u etc. Section 6 (2) (f) of the Act is extracted herewith; 9. (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; Mere pendency of a criminal case does not mean that the guilt against the accused is proved. The Hon’ble Apex Court in Sumit Mehta v State of NOT of Delhi, observed as follows; 10. “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 j Satish Chandra Verma v. Union of India (UOI) and others, observed as ' under; 11. "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, a criminal case vide C.C.No.741/2021 on the file of on the file of the learned I Additional Judicial Magistrate of First Class, Kakinada is pending against the petitioner, however, a Coordinate bench of this Court in Crl.P.No.8161 of 2022 granted stay of all further proceedings. 12. The contention of the learned AGP that the petitioner shall approach the'' learned Magistrate, in the considered opinion of this Court, will not serve any purpose, because of the stay. Keeping the expressions of the Apex Court in the aforementioned judgments, this Court deems it consider the application made by the petitioner for passport. 13. appropriate to direct the 2"^ respondent to renewal or reissuance of 14. Given the facts and circumstances of the case and since the stay granted by the Coordinate bench of this Court is subsisting as on today, the 2"“ respondent shall consider the application made by the renewal or reissuance of passport petitioner for per the Provisions of the Passport Act, without reference of as 1967 and the Rules made, specially Rule 12 of the Rules the C.C. referred to supra, and pass appropriate orders. 15. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-M. SRINIVAS ASSISTANT REGISTRAR SE^XteN^FFICER //TRUE COPY// To, 1. The Secretary, Union of India, 2. The Regional Vishakhapatnam. Ministry of External Affairs, New Delhi. Regional Passport Office, Passport Officer, 3. The Superintend of police, Rajahmundry, East Godavari District 5. One CC to Sri Naganjaneyulu Borra Advocate [OPUC] 6. One CC to Sri G Venkateswarlu, Advocate [OPUCJ 7. Two CCs to GP for Home, High Court of Andhra 8. Three CD Copies Pradesh. [OUT] TF \ \ HIGH COURT DATED:09/05/2025 ORDER WP.No.13181 of 2025 ¥ o 3 n MW 2035 i a? •0--, asf DISPOSING OF THE W.P., WITHOUT COSTS