APHC010303312025 |N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No: 15203 OF 2025 Between: Kadali Asha Kiran, S/o. Kadali Durga Rao, aged about 21 Years, R/o. 23-38, Manevari Palem, Achanta, Achanta Mandal, West Godavari District. Andhra Pradesh. ...PETITIONER AND 1. The Union Government of India, rep by its PrI. Secretary, Ministry of External Affairs South Block, Secretariat, Raisina Hill, New Delhi, India. 2. The Regional Passport Officer, Regional Passport office. Near PF Office, Beside Raitu Bazaar, Marripalem, VUDA Layout, NAD Post, N.H.5, Main Road, Vishakapattanam-530009, Andhra Pradesh. 3. The State of Andhra Pradesh, rep by its PrI. Secretary, Home Department Secretariat Buildings, Amaravathi, Guntur District. 4. The Station House Officer, SHO, Achanta Police Station West Godavari 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 more particularly one in the nature of WRIT OF MANDAMUS by declaring the action of the respondent No.2 in issuing the proceedings vide lettter Ref. No.SCN/1049269634/25 dated Q^-06-2025 thereby refusing to issue a passport to the petitioner pursuant to his„ application no VS1067236571924 dated 23-12-2024 on the ground that P®f^cling in CC.No.355/2021 on the file of Hon’ble AJFCM Palakol against the petitioner as illegal arbitrary and violative of ^|rfnaples of Natural Justice under Articles 14 and 21 of Constitution of India, consequently direct the respondent No. 2 to issue passport to the petitioner pursuance of his application No VS1067236571924 dated 23-12-2024 receive fresh application from the petitioner to issue passport to 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 direct respondent No.2 to start the process the application of the petitioner vide application No.VSI 067236571924 dated 23-12-2024 application from the petitioner immediately as the petitioner got appointment Shamshabad Air Port, Ranga Reddy District, during the pendency the above Writ Petition. Counsel for the Petitioner: SRI P. RANGA RAO Counsel for the Respondent Nos.1 & 2: SRI NIRANJAN, SC FOR CENTRAL GOVERNMENT Counsel for the Respondent Nos.3 & 4: SRI AJAY, ASST.GP FOR HOME The Court made the following: ORDER or or receive fresh :v . APHC010303312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15203/2025 Between: ...PETITIONER Kadali Asha Kiran AND The Union Government Of India and Others Counsel for the Petitioner: 1.PECHATHY RANGA RAO Counsel for the Respondent(S): 1.THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2.GP FOR HOME The Court made the following ORDER: Heard Sri P.Ranga Rao, learned counsel for the petitioner, Sri Niranjan, learned Panel counsel for respondents 1 & 2 and Sri Ajay, learned Assistant Government Pleader for respondents 3 & 4. The above writ petition is filed to declare the action of the 2 respondent in refusing to issue a passport to the petitioner in pursuance of his application No.VSI067236571924 dated 23.12.2024, as illegal and arbitrary. The petitioner made an application for the issuance of a passport vide File No.VSI067236571924 dated 23.12.2024. Due to adverse police ...RESPONDENT(S) nd 2. 3. 2 verification report pointing out involvement of the petitioner in Crime No. 194 of 2019 of Achanta Police Station numbered as C.C.No.355 of 2021 on the file of the Additional Junior Civil Judge-cum-Additional Judicial Magistrate of Fi Class at Palakollu, a shortfall notice dated 04.06.2025 was issued to the petitioner. 4. Learned counsel for the petitioner would submit that the petitioner’s name is not shown as one of the accused in C.C.No.355 of 2021. A copy of the charge sheet is filed along with the writ petition under Ex.P.4. He would submit that mere pendency of a criminal case is not an impediment for issuance of a passport, and Section 6(2)(f) would not be attracted to the case at hand. However, the respondent authorities. rejected the issuance of a passport to the petitioner. Learned Assistant Government Pleader for Home on the instructions would submit that at the time of registering Crime No. 194 of 2019, the petitioner is a Juvenile. Since the petitioner is a Juvenile, the police filed a final report before the Juvenile Justice Board, Eluru vide SR.No.7131 of 2021. The Juvenile Justice Board has to take cognizance of the offence. Learned counsel would also submit that after the Board has taken cognizance, since the petitioner has not attained majority, it will be referred to the regular jurisdictional Court. 5. 6. Thus, as seen from the instructions, the jurisdictional Court/board has not taken cognizance against the petitioner. In fact, a perusal of Ex.P.4, the name of the petitioner is not included as one of the accused. Unless and until the guilt is proved, the petitioner cannot be denied issuance of a travef document. Section 6 of the Act deals with the refusal of passports, travel 9 documents etc. Section 6(2)(f), which is relevant, is extracted hereunder; 7. I. A, 3 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 one or more of the following grounds, and on no other ground, namely; - (2) (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; The Hon’ble Apex Court in Maneka Gandhi v. Union of lndia\ 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. 8. The Hon’ble Apex Court in its decision reported in Satish Chandra Verma v. Union of India (UOI) and others^ observed as under; 9. , "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 Delhi^ , observed as follows; 10. “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.” ’ (1978) 1 see 248): AIR 1978 SC 597 ^(2019) Supreme (Sb)1516 ’2013(15) see Page 570 4 at hand, though a final report has been filed, the The law presumes an accused 11. In the case jurisdictional board has not taken cognisance, to be innocent till guilt is proved. and circumstances of the case, the Writ Petition is Given the facts of at the admission stage, directing the 2"" respondent to issue a 12. disposed passport to the petitioner ap expeditiousiy as possibie, in pursuance of the appiication made by the petitioner, without reference to Crime No.194 of 2019 of Achanta Police Station, if the petitioner intends to travel outside India, the shall approach the jurisdictional court and make an appropriate petitioner application. There shall be no order as to costs. shall stand closed. Sd/- K. SRINIVASA RAJU assistant registrar As a sequel, pending miscellaneous petitions, if any //TRUE COPY// CJT^&^ICER SE To, Civil Judge-cum-Additional Judicial 1. The Additional Junior Magistrate of First Class at Palakollu, West Godavari District. Principal Secretary, Union Government of India, Ministry of South Block, Secretariat, Raisina Hill, New Delhi, 2. The External Affairs, India. 3 The Regional Passport Officer, Regional Passport office. Near PF Beside Raitu bazaar, Marripalem, VUDA Layout, NAD Post, Office N.H.5, Main Road, Vishakapattanam-530009, Andhra Pradesh. 4. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. The Station House Officer, SHO, Achanta Police Station West Godavari District. 6. One CC to Sri P. Ranga Rao, Advocate [OPUC] 7. One CC to Sri Thenepalli Niranjan, SC for Central Government [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. gi J HIGH COURT DATED:27/06/2025 ORDER WP.No.15203 of 2025 ^ 0 4 JIJL 2025 rrentSecti DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS