APHC010283212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14374 OF 2025 Between: Yedukondalu Satharasi,, Advocate, S/o Balaiah (Late), Aged 48 Years, R/o D.No. 26-14-2, Flat No. B1 Sai Sadan Apartment, 5th Line, Nagarampalem, Guntur- 522 004. Ph No. 9849373199 (Cause title is amended in Writ Petition and Affidavit as per Court's Order dt. 07.08.2025 in I.A.No. 3 of 2025 ...Petitioner AND 1. The Union of India, Represented by its Secretary, Ministry Affairs, of External House, Annexe CTV Division, TV1 Section Patiala Government of India New Delhi. 2. Regional Passport Office, 4th Floor, Stalin Central Governorpet, M.G.Road, Vijayawada - 520002. 3. The State of Andhra Pradesh, Represented by its Principal Secretary Home Department, Velagapudi, amaravathi, Guntur District. 4. The Director General of Police, District,. 5. The SHO, Narsaraopet II Town PS., (Presently Palnadu District) RR3 to 5 are impleaded as per Court’s Order dt. 20.06.2025 02 of 2025 in Writ Petition and affidavit. D.No.27-37-158, DGP Office, Mangalagiri, Guntur Narasaraopet, Guntur District in lA No. ...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 an appropriate Writ, Order or Direction more particularly in the natpire of Writ of Mandamus declaring the action of the respondent No.2 in hot' renewing the passport NO.L6525939 made in application vide SCN/317/294437/2024, file no.VJ2076132837524 of the petitioner, even after the explanation dt.21.04.2025 submitted by the petitioner, is arbitrary, illegal and in violation of Article 14, 15, 16 and 21 of the Constitution of India, and contrary to the law laid down by the Hon'ble Apex Court and this Hon'ble Court and consequently direct the Respondent No.2 to renew the passport No.L6525939 made in application vide reference No. SCN/317/294437/2024, file no.VJ2076132837524 of the petitioner. reference No. 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 Respondent No.2 to consider the application vide reference SCN/317/294437/2024, file no.VJ2076132837524 for renewal of the passport No. L6525939 of the petitioner pending disposal of the above writ petition Counsel for the Petitioner: SRI K V VIJAYA KUMAR Counsel for the Respondent Nos. 1 and 2: SRI MALLAMPALLI SRINIVAS (CENTRAL GOVT COUNSEL) Counsel for the Respondent Nos. 3 to 5: GP FOR HOME The Court made the following order; No. APHC010283212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14374/2025 Between: Yedukondalu Satharasi, (Cause title is amended as per court order dt. 7-8-2025 in lA No. 3 of 2025) ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: / 1. K V VIJAYA KUMAR Counsel for the Respondent(S): 1.MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL) The Court made the following: :: ORDER :: Heard Sri K. V. Vijay Kumar, learned counsel for the petitioner, and Sri M. Srinivas, learned Standing Counsel, appeared for respondents 1 & 2 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondents 3 to 5. 2. The petitioner was issued a passport bearing No.L6525939, for 10 year^ from 04.12.2013 to 03.12.2023, by respondent No.2. The petitioner made\n application vide File No.VJ2076132837524, dated 05.01.2024, for renewal/re-issuance of passport. Respondent No.2 issued a short-fall notice page 2 of 5 :# ■' SRS,J W.P.No. 14374 of 2025 dated 07.03.2024, due to an adverse police verification report, indicating that a case in Cr.No.136 of 2014 for the offence punishable under Section 506, 352, 341, 427, 447 r/w 34 of IPC on the file of Narasaraopet II Town PS. Another notice dated 22.04.2024 was issued. The petitioner submitted an explanation. Respondent No.2, without considering the explanation, issued another notice dated 29.05.2025. Learned counsel for the petitioner would submit that the Sub-Divisional Police Officer, Narasaraopet, by proceedings in C.No.301/Ref/SDP O- NRT/2024, dated 17.10.2024 (filed at page No.24 of the writ affidavit), granted permission to refer the Cr.No.136 of 2014 as Civil in nature. Learned counsel would also submit that, in fact, a memo was filed before the jurisdictional Court. However, the record was not traced out. The same is recorded. 3. 4. Sri Ajay, learned Assistant Government Pleader submitted the instructions of the Station House Officer, Narasaraopet II Town PS, Palnadu District and would contend that the Sub-Divisional Police Officer, Narasaraopet verified the CD file and referred the case in Cr.No.136 of 2014 of Narasaraopet II Town PS, as Civil in nature vide memo in C.No.301/Ref/SDPO-NRT/2024, dated 17.10.2024. A copy of the said memo was served on the de facto complainant. 5. Sri Srinivas, the learned Standing Counsel appearing for respondents 1 and 2, would submit that due to the pendency of the aforementioned crime, the authority has not reissued the petitioner's passport. The Hon’ble Apex Court in Maneka Gandhi v. Union of India', observed that the right to travel abroad is a part of personal liberty and the right to possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. 6. (1978) 1 see 248): AIR 1978 Se 597 SRS,J W.P.No.14374 of 2025 The Hon’ble Apex Court in Satish Chandra Verma v. Union of India (UOI) and others^ observed as under; "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." The Hon’ble Apex Court In Sumit Mehta v. State of NCT of DelhP, observed as follows; “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.” 7. 8. Thus, as seen from the expressions in the above authorities, mere pendency of a case, the travel document or passport cannot be denied. In this case at hand, as seen from the proceedings of the Sub-Divisional Police dated 17.10.2024, the authority granted permission to refer the matter 9. Officer, as Civil in nature. In fact, a memo vide C.No.301/Ref/SDPO-NRT/2 024, dated 17.10.2024, was filed before this Court. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondent No.2 to renew/re-issue the passport of of the application made 10. vide File the petitioner, in pursuance NO.VJ2076132837524, dated 05.01.2024, without reference to Cr.No.136 of 2014 of Narasaraopet II Town P.S. If the petitioner intends to go abroad, the petitioner shall get permission from the jurisdictional Court, and without such ^ LAWS 2019(2) see Online Se 2048 ^ 2013 (15) see Page 570 SRS.J W.P.No. 14374 of 2025 permission, the petitioner shall not misuse the travel document. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed Sd/- K TATARAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Ministry of External Affairs, Division, TV1 Section Patiala House, Annexe Government of India New Delhi. 2. Regional Passport Office, 4th Floor, Stalin Central, Governorpet, M.G.Road, Vijayawada - 520002. 3. The Principal Secretary, Home Department, State of Andhra Velagapudi, amaravathi, Guntur District. 4. The Director General of Police, DGP Office, Mangalagiri, Gunlur District,. 5. The SHO, Narsaraopet II Town PS., (Presently Palnadu District) 6. One CO to Sri. K V Vijaya Kumar Advocate [OPIJC] 7. One CC to Sri. Mallampalli Srinivas(Central 8. Two CCs to GP for Home, High court of Andhra 9. Three CD Copies Note; Petitioner name “Yedukondalu Sathasahasri” is corrected as “Yedukondalu Satharasi” in cause title as per Court Order dated 07.08.2025 in lA No. 3 of 2025. Substitute this amended order in place of earlier order, which was dispatched on 14-07-2025. CTV D.No.27-37-158, Pradesh, Narasaraopet, Guntur District govt Counsel) [OPUC] Pradesh [OUT] / Sd/- K. TATA RAO deputy REGISTRAR HIGH COURT DATED:20/06/2025 07/08/2025 S 19 AUG 2025 S ^*Curren(seciion . (Amended) ORDER WP NO. 14374 OF 2025 DISPOSING THE WP WITHOUT COSTS