t ^ APHC010300722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15138 OF 2025 Between: Budithi Rajendra Prasad, S/o Meera Sahebu, Aged about 60 years, Private Employee, R/o D.No. 18-1-41/1, Station Peta, Ward No.30, Narasapur, Narasapur Mandal, West Godavari District. Presently residing at Flat No. 11,Block 13, Building 25, 2"*^ Floor, Qibla Fayad A1 Saleem Street, Kuwait. ...Petitioner AND 1. The Union of India, Represented by its Secretary, Ministry of External Affairs, Central Secretariat, New Delhi. 2. State of Andhra Pradesh, Represented by its Principal Secretary (Home) Secretariat, Velagapudi, Guntur District. 3. Regional Pass Port Officer, Regional Pass Port Office, Visakhapatnam, Visakhapatnam District. 4. The Regional Pass Port Officer, Regional Pass Port Office, Vijayawada, N.T.R.District. 5. Inspector of Police, Narasapur Town Police Station, Narasapur Town and Mandal, West Godavari District ...Respondent(S): 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 Order or a Direction or a Writ more in the nature of Writ of Mandamus by declaring the action of the Respondents 3 and 4 herein in not renewing the Pass Port of the Petitioner bearing No.M 8398652 issued by the 3rd Respondent herein Criminal Case on dt.20.10.2015 on the ground of pendency of registered by 5th Respondent Police Station under C.C.No.3tt^019 in Crime No. 150/2018 of Narasapur Town P.S. Godavari District for the offence under Sections 341 pendiT^g on the file of I Additional Judicial West 323,506 R/w 34 I.P.C. First Class Magistrate Court, Narasapur, West Godavari District as arbitrary, autocratic, illegal, ultravires and against to the principles of natural justice and consequently direct the Respondents 3 and 4 herein to renew the above mentioned Pass Port of the Petitioner herein in the interests of justice. lA NO: 1 OF 2n7/> Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass an interim order by way of Direction by directing the Respondents 3 and 4 herein to renew the Pass Port of the Petitioner bearing Respondent herein on dt.20.10.2015 pending disposal of the main Writ Petition on the file of this Hon'ble Court in the interests of justice. No.M 8398652 issued by the 3rd Counsel for the Petitioner: SRI CHANDRA Counsel for the Respondents No.1,3,4: SRI P PONNA RAO Counsel for the Respondents No.2,5: GP FOR HOME The Court made the following; ORDER SEKHAR ILAPAKURTI /kfHCOI 0300722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15138/2025 Between: Budithi Rajendra Prasad ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following ORDER: Heard Sri Chandra Sekhar llapakurti, learned counsel for the petitioner, Sri Niranjan, learned Panel counsel for respondents 1, 3 & 4 and Sri Ajay, learned Assistant Governrnent Pleader for respondents 2 & 5. 2. The petitioner made an application vide No.2002055660 on 19.04.2025 seeking renewal / reissuance of passport through the Indian Embassy in Kuwait. The 3'^'^ respondent issued a passport to the petitioner on 20.10.2015 for ten years, and the validity of the passport will expire on 19.10.2025. Learned counsel for the petitioner would submit that the petitioner came to know that the authority did not renew the passport on the ground that a 3. 2 n case in C.C.No.371 of 2019 arising out of Crime No. 150 of 2018 of Narasapur Town Police Station, West Godavari District is pending against the petitioner. Learned counsel would also submit that in fact, the name of the petitioner is deleted as accused, and thereafter a charge sheet was filed and the same was mentioned in the charge sheet in C.C.No.371 of 2019. Learned Assistant Government Pleader for Home, on instructions, would submit that the name of the petitioner was deleted from the array of the accused in C.C.No.371 of 2019. 4. As seen from the instructions of the learned Assistant Government Pleader for Home, the petitioner’s name was deleted from the array of the accused in C.C.No.371 of 2019; as such, no accusation is pending against the petitioner. Hence, insisting the petitioner to get a clearance certificate regarding the criminal case doesn’t arise. The Hon’ble Apex Court in Sumit Mehta vs. State of NCT of Delhi"' held that 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. 5. 6. The Apex Court in Menaka Gandhi vs. Union of India and another^; and Satish Chandra Verma vs. Union of India (UOI) and others^, held that the right to travel abroad is a part of personal liberty. 7. Given the above facts and circumstances of the case, this Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side directing respondents 3 and 4 to consider petitioner’s application dated 19.04.2025 for renewal / re-issuance of passport, strictly as per the 8. ^ (2013) 15 see 570 ^ AIR 1978 Se 597 ^ 2019 (2) see Online Se 2048 3 provisions of the Passports Act 1967 and the Rules 1980 specially Rule 12 of the Rules regarding the period. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRI NIVAS ASSISTANT REGISTRAR \„ //TRUE COPY// ScCiiON OFFICER To. 1 ■ The Secretary, Union of India Secretariat, New Delhi. 2. The Principal Secretary, State of Andhra Guntur District. Ministry of External Affairs Central Pradesh, Secretariat, Velagapudi, 3. The Regional Pass Port Officer Regional Pass Port Office Visakhapatnam, Visakhapatnam District. 4. The Regional Pass Port Officer Regional Pass Port Office, Vijayawada N.T.R.District. 5. Inspector of Police, Narasapur Town Mandal, West Godavari District 6. One CC to SRI. CHANDRA 7. Two CCs to GP FOR HOME, [OUT] 8. OneCCto SRI.P. 9. Two CD Copies Police Station, Narasapur Town and SEKHAR ILAPAKURTI Advocate [OPUC] High Court of Andhra Pradesh at Amaravati PONNA RAO, Advocate [OPUC] r HIGH COURT DATED:25/06/2025 ORDER WP 15138/2025 & '.o % "Is DISPOSING OF THE WP WITHOUT COSTS