IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No: 14039 OF 2025 Between: Vemanamanda Sridevi, W/o. Venkata Seetha Rama Raju, Hindu, aged 46 years, R/o. Villa No,22, Sivaji Nagar, Vadlapudi, Kurmannapalem Visakhapatnam, Andhra Pradesh. ...PETITIONER AND The Union Government of India, Rep. by its Principal Secretary, Ministry of External Affairs, South Block Secretariat, Raisina Hill, New Delhi. The Regional Passport Office, Botcha Square, Door No.39-6-71, Kapparada Village, Opposite Birla Junction, Murali Nagar, Visakhapatnam-530007. The State of Andhra Pradesh, rep. by is Principal Secretary, Home Department, A.P. Secretariat, Veiagapudi, Amaravati, Guntur 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 writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2 Respondent in not renewing/re-issue the passport of the Petitioner bearing NO.L4029109 as requested vide Passport Renewal/re-issue Application Reference No.25-1002499425, dated 26.02.2025 as arbitrary and illegal consequently direct the Respondent to renew/re-issue the passport of the Petitioner bearing No.L4029109 by considering the Renewal /re-issue 1. 2. 3. nd Application Reference No.25-1002499425, Petitioner in accordance with law, 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 2"^ Respondent to renew /re-issue the passport of the Petitioner bearing No.L4029109 by considering the Application Reference No.25-1002499425, dated 26.02.2025 of the Petitioner in accordance with law, pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner; SRI G.RAMA GOPAL Counsel for the Respondent Nos.1 & 2; SRI O.UDAY KUMAR, SC FOR CENTRAL GOVERNMENT Counsel for the Respondent No.3: ASST.GP FOR HOME The Court made the following: ORDER dated 26.02.2025 of the THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Writ Petition No.14039 of 2025 ORDER: Heard Sri G. Ram Gopal, learned counsel for the petitioner, Sri O. Uday Kumar, learned Counsel Government appearing for respondent Nos.1 & 2 and learned Assistant Government Pleader for Home appearing for respondent No.3. 2. The Writ Petition is filed seeking to declare the action of respondent No.3 in not renewing petitioner’s passport, pursuant to the application vide bearing file No.25-1002499425 dated 26.02.2025 asarbitrary, illegal, etc., and for consequential direction. 3. On 29.05.2025, this Court directed the respondents to get instructions in the matter. Thereafter, the matter stands posted today. 4. Learned counsel for the petitioner while reiterating the averments made in the affidavit filed in support of the writ petition, submits that the petitioner’s son, has secured admission at State University of New York at Buffalo commencing from 25-08-2025 to 01-06-2030, is required to renew his passport on or before 23.06.2025. He submits that in order to renew the passport of the petitioner’s son, the passports of the parents must be valid. He also submits that the renewal of the petitioner’s passport is stalled due to the pendency of FIR No.197 of 2023 of S.H.O., Duvvada P.S. Visakhapatnam City under Sections 415, 507, 418, 420, 120-Aof I.RC. Learned counsel for the petitioner further states that pendency of the FIR is not a bar for renewing/ re-issuing of passport and denial of the same amounts to violation of the provisions of the Passports Act, 1967 under Section 6(2)(f). He also submits that in view of the academic purpose of the petitioner’s son it is just and essential to allow the Writ Petition at the earliest. He also placed reliance on the orders dated 29.10.2024 made in W.A. No.383 of 2024 by the Division Bench of this Court. 5. mere 6. Sri O. Uday Kumar, learned Central Government Standing Counsel submits in view of pendency of the criminal case against the petitioner, the passport authorities are refusing to renew her passport. 7. Learned Assistant Government Pleader for Home representing respondent No.3 states that the criminal case i.e., F.I.R in Crime No. 197 of 2023 of Duvvada Police Station. Vishakapatnam City registered u/s 415, 417, 418, 420, 120-A IPC., is pending against the petitioner and investigation is still in progress. Consideration of the Court: 8. In view of the above submissions, it is clear that criminal registered against the petitioner, and the same is pending investigation case IS 3 As on today, no Charge Sheet has been filed against the petitioner. In this context, it is relevant to note that the issuance and renewal of the passports in our Country is governed by Passports Act, 1961 (for the sake of brevity herein after referred as ‘Act’). Section 6(2) of the Act is relevant to the present case on hand, as such, it is appropriate to extract the said provision hereunder: (2) subject to the other provisions of this Act, the pas.sport 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 more of the following grounds, and on no other ground, or namely;- (a) that the applicant is not a citizen of India., (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India., (c) that the departure of the applicant from India or is likely to, be detrimental to the security of India., (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country., (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a Court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years., (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court of India., may, 4 (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a Court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court., (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation.. (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest. 9. A plain reading of the above Section 6(2) of the Act indicates that it deals with the renewal of the passport when the criminal case is pending before the competent court. It is also relevant Central Government issued Notification G.S.R.No.570(E), dated 25.08.1993, which reveals that no objection order would be required from the court, only if it falls in the domain of Section 6(2)(f) of Passports Act, 1967. to note that the 10. In this scenario, it is apt to refer the orders dated 29.10.2024 in Writ Appeal No.383 of 2024 passed by the Hon’ble Division Bench of this Court, wherein, the Court after appreciating the relevant legal position and taking into consideration of Section 6(2)(f) of Passports Act, 1967 and rules framed there under, as well as the purport in G.S.R.No 570 (E) dated 25.08.1993, had categorically held that mere filing of a charge sheet by the police, in the absence of cognizance being taken by - ■i’ the competent criminal court, would not attract the provisions of Section 6(2)(f) of the Passports Act, 1967. 11. Reverting back to the case on hand, undisputedly, the criminal case i.e., FIR in Crime No. 197 of 2023 of Duvvada Police Station, Vishakapatnam City is still at the stage of FIR only. 12. In view of the above facts and circumstances involved in the lis, this writ petition is disposed of with a direction to respondents 1 & 2 to consider the application of the petitioner, for renewal of his passport, without raising any objection relating to the pendency of FIR in Crime No. 197 of 2023 in Duvvada Police Station Visakhapatnam City. However, this order shall not preclude the Police from taking such steps as are necessary to ensure the presence of the petitioner, for conduct of the investigation of the aforesaid crime for any other purposes. 13. There shall be no order as to costs. Miscellaneous petitions pending if any, in this Writ Petition shall stand closed. Sd/- K. KASI RAO ACHARI assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Union Government External Affairs, South Blook Secretariat, Delhi.(RPAD) of India, Ministry of Raisina Hill, New 2. The Regional Passport Office, Botcha Square, Door No.39-6-71, Kapparada Village, Opposite Birla Junction, Murali Nagar, Visakhapatnam-530007.(BY RPAD) 3. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 4. One CC to Sri G.Rama Gopal, Advocate [OPUC] 5. One CC to Sri O.Uday Kumar, SC for Central Government.[OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. gi HIGH COURT VACATION COURT DATED:05/06/2025 ORDER WP.No.14039 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS