APHC010299122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 15151 OF 2025 Between: Kota Srinivasa Sai Krishna, S/o. Venkateswara Rao, age 30 years, R/o. 4-12/1, Near ITI College, Jaggadiguntapalem, Pedaravuru Post, Tenali Mandal, Guntur District. ...PETITIONER AND 1. The Union of India, Represented by its Secretary, Ministry of External Affairs, South Block, New Delhi. 2. The Passport Authority of India, Rep by its Chief Passport Officer, PSP Division, Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi 110 001. 3. The Passport Officer, Regional Passport Office, 4**^ Floor Stalin Central, D.No.27-37-158,Governorpet, M.G.Road Vijayawada Andhrapradesh. 4. The Station House Officer, Chimakurthy Police Station, At Chimakurthy Prakasam 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3'^'^ respondent in not considering the petitioner's application made for the issuance of passport application No.VJ2075100075725 dated 29.05.2025 as being illegal and w j % arbitrary and contrary to the petitioner's rights under Article 21 of the Constitution of India and violative of provisions of the Passports Act, 1967 and Passport Rules 1980 and consequently direct the respondents to renew and issue the passport to 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 S'"'' respondent to consider the application No.VJ2075100075725 dated 29.05.2025 of the petitioner for renewal of the passport, pending disposal of Writ Petition. Counsel for the Petitioner: SMT. MARELLA RADHA Counsel for the Respondent Nos.1 to 3: M/s. E.ANJAMA REDDY, SC FOR CENTRAL GOVERNMENT Counsel for the Respondent No.4: SRI AJAY, ASST.GP FOR HOME The Court made the following: ORDER I APHC010299122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] 3 WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15151/2025 Between: Kota Srinivasa Sai Krishna ...PETITIONER AND The Union Of India and Others Counsel for the Petitioner: ...RESPONDENT{S) 1. MARELLA RADHA Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following ORDER: Heard Smt.Marella Radha, learned counsel for the petitioner, learned Central Government counsel for respondents 1 to 3, and Sri Ajay, learned Assistant Government Pleader for the 4'*^ respondent. The petitioner possessed passport vide No.N1229475, issued 14.07.2015 for 10 years expired on 13.05.2025. The petitioner made application vide File No.VJ2075100075725 dated 29.05.2025 seeking renewal/reissuance of the passport. The O'"* respondent, due to an adverse police verification report, issued a notice dated 06.01.2025 to submit explanation. 2. on an an 2 3. Learned counsel for the petitioner would submit No.85 of 2024 for foe that a case in crime offences punishable under Sections 498-A Chimakurthy Police station petitioner. The final Sections 3 & 4 506 IPC and of the DP Act of was registered against the She would further Prakasam District report has not been filed pendency of a criminal case i submit that so far. (s no bar to mere petitioner. 'ssuing a passport to the 4. Learned Assistant submit the final Excise Court, cognizance so far. Government Pleader for report was filed before the Ongole home, on instructions, would Judicial First Class Magistrate However, the Court -cum- has not taken on 13.01.2025. 5. The issue involved in this in W.A.No.383 of 2024 writ petition is squarely covered by the Division Bench, a criminal case vi order considered the application dated 29.10.2024. The aspect of cognizance by the made for issuance of Court in a passport and observed vis-a-vis an as follows: 16. Considering the facts the principles laid down that the Court of of the present case on the touchstone of in the aforementioned Special Mobile Judicial judgments, it is clear nnt t I Class Magistrate Kakinada, having before it, filed cognizance much less the Court be said to have initiated XVI of the Code of Criminal can proceedings in terms of Chapter Procedure. 17. Therefore we would have no hesitation in holding that proceedings would be said to have been Court w cognizance Court and steps had been of the Code of Criminal had been taken by the under Chapter XVI taken by the Court P’-'^cedure. Since, was no there question of 612,m """" 6(2)(f) of the Passports cognizance taken, proceedings pending before the provisions of Section there would be no Act, 1967.” 6. As seen from foe regarding foe material available aforementioned cri on record, there i crime against foe 's no dispute petitioner pendency of foe 3 and the filing of a final report. However, the jurisdictional court has not taken cognizance. 7. Further, unless the guilt is proved, an accused is presumed to be innocent and mere pendency of a criminal case is not a bar for renewing the passport, and the right to travel abroad is a personal liberty of a person. 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. 9. The Division Bench of the Hon’ble Apex Court in its decision reported in Satish Chandra Verma v. Union of India (UOI) and others^ observed under: 8. as "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 the basic humanities which are can be affected through refusal of freedom to go abroad and this freedom is a genuine human right." 10. The Hon’ble Apex Court in Sumit Mehta v. State of NCT of Delhi^ 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.” Given the facts and circumstances of the case, since the jurisdictional court has not taken cognizance, the Writ Petition is disposed of at the 11. (1978) 1 see 248): AIR 1978 SC 59X ^ LAWS 2019(2) sec Online SC 2048 2013(15) see Page 570 4 admission stage, directing 3'^ respondent to consider the aforementioned application made by the petitioner for renewal of passport, keeping in view the Sections 7, 10 the Passport Act, 1967 and Rule 12 of the Passport Rules 1980, without reference to Crime No.85 of 2024 of Chimakurthy Station, Prakasam District. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR Police //TRUE COPY// SECTION OFFICER To 1. The Secretary, Union of India, Ministry of External Affairs New Delhi. 2. The Chief Passport Officer, Passport Authority of India Ministry of External Affairs, Room No.8, Patiala House New Delhi 110 001. 3. The Passport Officer, Regional Passport Office, 4 D.No.27-37-158,Governorpet, M.G.Road Vijayawada Andhrapradesh. 4. The Station House Officer, Chimakurthy Police Station, At Chimakurthy Prakasam District. 5. One CC to Smt. Marella Radha, Advocate [OPUC] 6. One CC to M/s. E.Anjana Reddy, SC for Central Government. 7. Two CCs to GP for Home, High Court of Andhra Pradesh. 8. Three CD Copies. , South Block, PSP Division Tilak Marg, th Floor Stalin Central, [OPPUC] [OUT] gi HIGH COURT DATED:25/06/2025 ORDER WP.No.15151 of 2025 ^ I 7 JUL 202b \ SectiOD^'^^ ^^£S£4I£i^^ DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS