ir APHC010291312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) :? WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14962 OF 2025 Between: Mamidala Venkatrao,, S/o Ranga Rao, Aged 41 years, R/o. D.No.4- 17/5, F.No.102, VMR Residency, Datta Kalayanamadapam road Gollapudi, Vijayawada, Krishna District, AP. ...Petitioner AND The Union of India, The Joint Secretary (PSP) and Central Passport Officer PSP Division Ministry of External Affairs, The Regional Passport Office, 4th Floor, Stalin Central, D/o 27-37-158 Governorpet, MG Road Vijayawada -520002 The Station House Officer, Governorpet Police Station, Vijayawada, Krishna District. R3 is impleaded as per the Court's Order dt.26.06.2025 in I.A.No.02 of 2025. 1. 2. 3. ...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 one in the nature of Writ of Mandamus declaring the action of Respondent No.2 in not considering explanation submitted by the petitioner dated 06.05.2025 for % issuance of Passport, with regarding to the notice issued by the 2nd Respondent dated 02.04.2025 in which the 2nd Respondent had directed the petitioner to submit a detailed explanation, as there was a case pending before the Hon'ble High Court vide CRL.Rc.No.1796/2011 even after submitting detailed explanation, no orders has been passed to that affect and the application was not considered for issuance of passport which is highly illegal arbitrary and in violation to the rights conferred under the Constitution of India and the same is violation of Article 14 19. 21 and 25 of the Constitution of India and consequently direct the 2nd Respondent to consider the written explanation submitted by the petitioner dated 06.05.2025 for issuance of passport to the petitioner as per the provision of Passport Act, 1967. 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 to approve the pending application of the petitioner vide Application No. VJ2066274142124, dated 06.05.2025 of the petitioner for issuance of passport and to process the same at the earliest by taking into consideration of settled principles of law by the Hon’ble Courts, pending disposal of the main Writ petition. Counsel for the Petitioner: SRI ELURU SESHA MAHESH BABU Counsel for the Respondent Nos. 1 and 2: SRI A RAVINDRA BABU (CENTRAL GOVT COUNSEL) Counsel for the Respondent No. 3: GP FOR HOME The Court made the following order: APHC010291312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14962/2025 Between: 1.MAMIDALA VENKATRAO,, S/0 RANGA RAO, AGED 41 YEARS, R/0. D.NO.4-17/5, KALAYANAMADAPAM ROAD GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT, AP. F.NO.102 VMR RESIDENCY, DATTA ...PETITIONER AND 1.THE UNION OF INDIA, THE JOINT SECRETARY (PSP) CENTRAL PASSPORT OFFICER PSP DIVISION EXTERNAL AFFAIRS, AND MINISTRY OF 2.THE REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN GOVERNORPET, MG ROAD CENTRAL, D/0 27-37-158 VIJAYAWADA -520002 3.THE STATION HOUSE OFFICER, GOVERNORPET POLICE STATION, VIJAYAWADA, KRISHNA DISTRICT. R3 IS IMPLEADED AS PER THE COURT'S ORDER DT.26.06.2025 IN I.A.NO.02 OF 2025. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circymstances stated in the affidavit filed therewith, the High Court may be please^d to issue an appropriate Writ, Order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of Respondent No.2 in not considering explanation submitted by the petitioner dated 06.05.2025 for issuance of Passport, with regarding to the notice issued by the 2nd 2 Respondent dated 02.04.2025 in which the 2nd Respondent had directed the petitioner to submit a detailed explanation, as there was a case pending before the Hon'ble High Court vide CRL.Rc.No.1796/2011 even after submitting detailed explanation, no orders has been passed to that affect and the application was not considered for issuance of passport which is highly illegal arbitrary and in violation to the rights conferred under the Constitution of India and the same is violation of Article 14, 19, 21 and 25 of the Constitution of India and consequently direct the 2nd Respondentto consider the written explanation submitted by the petitioner dated 06.05.2025 for issuance of passport to the petitioner as per the provision of Passport Act, 1967, 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 to direct the respondents to approve the pending application of the petitioner vide Application No. VJ2066274142124, dated 06.05.2025 of the petitioner for issuance of passport and to process the same at the earliest by taking into consideration of settled principles of law by the Hon’ble Courts, pending disposal of the main Writ petition and pass lA NO: 2 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 may be pleased Implead the Proposed Respondent as Respondent No.3 in W.P.No.14962/2025 and it's I.As and pass Counsel for the Petitioner: 1.ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1.A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following: 3 "ORDER:: Heard Sri Eluru Sesha Mahesh Babu, learned counsel for the petitioner, Sri A.Ravindra Babu, learned panel counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for Home for the 3'^ respondent. The petitioner made an application vide file No.VJ2066274142124 seeking issuance of passport before the 2'^^ respondent. A shortfall notice dated 17.04.2024 (Ex.P2), was issued to the petitioner due to an adverse police verification report, pointing out the pendency of Crl.Rc.No.1796 of 2011 conviction of the petitioner in a criminal case arising out of Cr.No.138 of 2004 of the Governorpet Police Station. The petitioner failed to submit an explanation. Thereafter, a reminder notice dated 02.04.2025 (Ex.P3) was issued to the petitioner. Petitioner submitted an explanation on 06.05.2025 (Ex.P1). 2. Learned counsel for the petitioner would submit that the petitioner was convicted by the judgment dated 24.02.2009 in C.C.No.1114 of 2005 on the file of the III Additional Chief Metropolitan Magistrate, Vijayawada. A punishment for one year with a fine of Rs.1000/- was imposed. The petitioner filed Crl.A.No.46 of 2009 dated 29.08.2011 on the file of the Court of Session Metropolitan Division, Vijayawada. The appellate Court modified the sentence to six months, and the fine imposed by the trial Court was confirmed. Petitioner filed Crl.RC.No.1796 of 2011, and on 07.09.2011, the sentence was suspended. Learned counsel would contend that the bar under Section 6 (2) (e) of the Passports Act, 1967 does not apply to the fact situation. 3. Learned counsel for the respondents would contend that since the petitioner was convicted in C.C.Nol 114 of 2005 and the conviction was partly modified in Crl.A.No.46 of 2009 on the file of the Court of Session Metropolitan Division, Vijayawada, the passport of the petitioner has not been issued. 4. 4 5. Consideration: Section 6 (2) of the Passport Act envisages the conditions under which a passport can be refused. Section 6 (2), which is relevant, is extracted here with; “The applicant has, at any time during the period of five years immediately preceding the date of his application, has 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.” A plain reading of the extracted clause would indicate that the conviction should be within five years before making of application, and the imprisonment shall not be less than two years for the offence involving moral turpitude. 6. 7. In the case at hand, the petitioner was convicted by the judgment dated 24.02.2009 for one year and thereafter, the same was modified by six months in Crl.A.No.46 of 2009 dated 29.08.2011. The imprisonment against the petitioner was suspended in Crl.RC.No.1796 of 2011 on 07.09.2011. In Satwant Singh Sawhney vs. D. Ramarathnam, Assistant Passport Officer' and in Meneka Gandhi vs. Union of lndia^ the apex Court observed that the right to travel abroad is a fundamental right and the same cannot be denied. 8. The restriction under Section 6 (2) (e) of the Act does not apply to the facts of this case. Hence, the petitioner cannot be denied issuance of a passport. 9. Given the facts and circumstances of the case, the writ petition is allowed, directing the 2'^'^ respondent to issue a passport to the petitioner, in 10. A ‘ 1967 AIR 1836 ^ 1978 (1) see 248 % 5 pursuance of the application, file No.VJ2066274142124 as per the procedure envisaged under the Passports Act and the Rules made thereunder. No costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// I SECTION OFFICER To, 1. The Joint Secretary (PSP) and Central Passport Officer, Union of India, PSP Division Ministry of External Affairs. 2. The Regional Passport Office, 4th Floor, Stalin Central, D/o 27-37-158 Governorpet, MG Road Vijayawada -520002 3. The Station House Officer, Governorpet Police Station, Vijayawada, Krishna District. 4. One CC to Sri. Eluru Sesha Mahesh Babu Advocate [OPUC] 5. Ond CCto Sri. A Ravindra Babu (Central Govt Counsel) [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Three CD Copies GSC HIGH COURT DATED:02/07/2025 >» ORDER WP NO. 14962 OF 2025 I 16 JIJl 20J5 ^ . Current Section . X^fSPATC«e?>" m ALLOWING THE WP WITHOUT COSTS