A APHC010301792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15463 OF 2025 Between: Varanasi Rikit Kumar, S/o. Ramesh, Aged 31 years, R/o. D.No. 49-23-18/3, Subramanyam Enclave, Sankaramatam, Near Lalitha Nagar, Akkayyapalem Visakhapatnam Urban, Visakhapatnam District. ...Petitioner AND 1. The Union of India, Rep by its Ministry of External Affairs South Block Secretariat Building, Raisina Hill, New Delhi, 110001. 2. The Joint Secretary PSP and Chief Passport Officer, Passport Seva Programme Division Ministry of External Affairs, Room No 27, Patiala House, Tilak Marg, New Delhi, 110001. 3. Regional Passport Office, Visakhapatnam, Near P.F. Office, Beside Rythu Bazar, Marripalem, Vuda Layout, Nad Post, Visakhapatnam, Andhra Pradesh Represented by its Regional Passport Office. 4. The State of Andhra Pradesh, Represented by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi. 5. The Station House Officer, Visakhapatnam Urban(4th town), Visakhapatnam 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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 3 in A not granting/ issuing the passport in favour of the petitioner application vide No 25-1053532448 dated 07/06/2025 is illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Passport Act and rules thereunder and also violative of Article 14 21 and 300A of the Constitution of India and consequently direct the respondents to issue the passport in favour of the petitioner. 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 grant interim direction, direct the respondent No 3 to 5 to grant issue passport in favour of the petitioner pending disposal of this writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondents 1 to 3: SRI JOSYULA BHASKARA RAO, SENIOR CENTRAL GOVT. COUNSEL Counsel for the Respondents 4 & 5; SRI AJAY, AGP FOR HOME The Court made the following order: APHC010301792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15463/2025 Between: 1.VARANASI RIKIT KUMAR, S/0. RAMESH, AGED 31 YEARS, R/0. D.NO. 49-23-18/3, SUBRAMANYAM ENCLAVE, SANKARAMATAM, NEAR LALITHA NAGAR, AKKAYYAPALEM, URBAN, VISAKHAPATNAM DISTRICT VISAKHAPATNAM ...PETITIONER AND 1.THE UNION OF INDIA, REP BY ITS MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, SECRETARIAT BUILDING, RAISINAHILL, NEW DELHI, 110001. 2.THE JOINT SECRETARY PSP AND CHIEF PASSPORT OFFICER, PASSPORT SEVA PROGRAMME DIVISION MINISTRY OF EXTERNAL AFFAIRS, ROOM NO 27, PATIALA HOUSE, TILAK MARG, NEW DELHI, 110001. 3.REGIONAL PASSPORT OFFICE, VISAKHAPATNAM, NEAR P.F. OFFICE, BESIDE RYJHU BAZAR, MARRIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM, REPRESENTED BY ITS REGIONAL PASSPORT OFFICE. ANDHRA PRADESH 4.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 5.THE STATION HOUSE OFFICER, VISAKHAPATNAM URBAN(4TH . TOWN), VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): SR^J W.P.NO,15463 of 2(175 Petition unider Article 226 of the Constitution of Inidia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 3 in not granting/ issuing the passport in favour of the petitioner application vide No 25-1053532448 dated 07/06/2025 is illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Passport Act and rules thereunder and also violative of Article 14 21 and 300A the Constitution of India and consequently direct the respondents to issue the passport in favour of the petitioner 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 Pleased to grant interim direction, direct the respondent No 3 to 5 to grant issue passport in favour of the petitioner pending disposal of this writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following: :: ORDER :: Heard Sri A. Aakash, learned counsel representing Sri Papudippu Sashidar Reddy, learned counsel for the petitioner, Sri Josyula Bhaskara Rao, learned Senior Standing Counsel for Central Government for respondents 1 and 3 and Sri Ajay, learned Assistant Government Pleader for respondents 4 and 5. The petitioner made an application for re-issuance of passport, vide reference No.25-1053532448 dated 06.06.2025 before respondent No.3. 2. r ■ 't * SRS.J W.P.No. 15463 of 2025 Since the passport has not been issued, the petitioner approached this Court by way of this writ petition. 3. Learned panel counsel for respondents 1 and 3, on instructions, would submit that, in pursuance of the petitioner’s application, dated 06.06.2025, Police submitted a verification report on 18.06.2025, with adverse remarks. He would also submit that the Police pointed out the pendency of a case in crime No.203 of 2022 registered for the offences punishable under Sections 353 and 509 of IPC, on the file of Kotabommali Police Station, Srikakulam District. He would submit that the authorities are intending to issue a notice, calling upon the petitioner to submit an explanation, as per the procedure. 4. In reply, learned counsel for the petitioner would submit that in crime No.203 of 2022, the police have filed a charge sheet and the same C.C.No.84 of 2023. Thereafter, the petitioner filed criminal the file of the High Court of Andhra Pradesh, was numbered as petition No.4587 of 2025 on whe-’^in. Co-ordinate Bench has granted a stay of all further proceedings in the file of the Judicial Magistrate of First Class, C.C.No.84 of 2023 on Kotabommali. He would further submit that Section 6(2)(f) will not apply to the . He would submit that mere pendency of a criminal case is no bar to the passport. He placed reliance on a decision reported in Kasturi case renew Rajupeta v. Union of India'. Act deals with the refusal of passports, travel Section 6 of the documents etc. Section 6(2)(f), which is reievant, is extracted hereunder: 5. 6. Refusal of passports, travel documents, etc. Subject to the other provisions of this Act, the passport 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 of the following grounds, and on no other ground, namely: - (2) one or more ' 2022 LiveLaw (Kar) 80 SRS,J W.P.No.15463 of 2025 in respect of an offence alleged to have been criminal court in India; (f) that proceedings committed by the applicant are pending before a No.203 of 2022 dispute regarding registration of crime which was numbered as C.C.No.84 of 2023. However, Court has granted a stay of all further proceedings accused is presumed to 6. There is no against the petitioner a coordinate Bench of this .No.84 of 2023. Unless the guilt is proved-, an in C.C be innocent and mere pendency of a criminal case is is not a bar to renew the passport. 7 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 by following the law and not on the subjective satisfaction of anyone. Hon’ble Apex Court in its decision reported in of India (UOI) and others^ observed as The Division Bench of the Satish Chandra Verma v. Union under; 8. I important basic human right for it and self-determining creative character of the extending his freedoms of action, but also by 'The right to travel abroad is an nourishes independent individual, not only by extending the scope of his experienoe. The right also extends to private life; marriage, family and friendship which are the basic humanities refusal of freedom to go abroad and this which can be affected through freedom is a genuine human right. in Sumit Mehta v. State of NCT of Delhi^ The Hon’ble Apex Court in observed as follows; “The law presumes a presumable innocent person, he is 9. an accused to be innocent till his guilt is proved. As is entitled to all the fundamental 2 (1978) 1 see 248); AIR 1978 Se 597 ^ LAWS 2019(2) see Online Se 2048 '*2013(15) see Page 570 SRS,J W.P.No.15463 of 2025 rights including the right to liberty guaranteed under Article 21 of the Constitution of India.” 10. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, directing respondent No.3 to consider the aforementioned application made by the petitioner for re-issuance of passport, keeping the Sections 7, 10 the Passport Act, 1967 and Rule 12 of the Passport Rules 1980, in view, without reference to C.C.No.84 of 2023 on the file of Judicial Magistrate of First Class, Kotabommali, arising out of crime No.203 of 2022 of Kotabommali Police Station, Srikakulam District. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Union of India, Rep by its Ministry of External Affairs South Block, Secretariat Building, Raisina Hill, New Delhi, 110001. The Joint Secretary PSP and Chief Passport Officer, Passport Seva Programme Division Ministry of External Affairs, Room No 27, Patiala House, Tilak Marg, New Delhi, 110001. The Regional Passport Office, Regional Passport Office, Visakhapatnam, Near P.F. Office, Beside Rythu Bazar, Marripalem, Vuda Layout, Nad Post, Visakhapatnam, Andhra Pradesh. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. The Station House Officer, Visakhapatnam Urban(4‘'' town), Visakhapatnam District. One CC to Sri Papudippu Sashidar Reddy, Advocate [OPUC] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] One CC to Sri Josyula Bhaskara Rao, Senior Central Govt. Counsel [OPUC] Two CD Copies 2. 3. 4. 5. 6. 7. 8. 9. RAM » HIGH COURT DATED:26/06/2025 ORDER WP.No.15463 of 2025 DISPOSING OF THE WP WITHOUT COSTS