• ^ APHC010309112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) OUR ... B o 0 a it I a TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15804 OF 2025 ' \ Between: Pasupuleti Trimurthy, S/o.Siddaiah, Aged about 49 years, R/o.D.No.16-21-14, Panchamukha Anjaneya Temple Street, Tenali, Guntur District ...Petitioner AND 1. Union of India, Rep. by its Secretary, Ministry of External Affairs South Block, New Delhi - 110001. 2. The Passport Authority of India, Rep. by its Chief Passport Officer, Ministry of External Affairs, PSP Division, Room No.8 Patiala House, Tilk Marg, New Delhi. 3. The Regional Passport Office, Rep. by its Regional Officer, 4th Floor, Stalin Central, D.No.27-37-158 Governorpet, M.G.Road, Vijayawada. 4. The Passport Officer, Venkateswara Theater Complex, Mahatma Gandhi Road, Opp Radio Station, AIR., Vijayawada, Krishna District. 5. The Sub-Divisional Police Officer, Tenali Sub-Division District Tenali, Guntur ...Respondents Petition under Article 2^6 of the Constitution of India 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 praying that in the T ^ of mandamus, declaring the action of the respondents 1 to 4 in refusing to renew the Petitioner's Passport bearing No.L2782416 in pursuant to the petitioner's Application in File No.VJ2075152301225, dt.09.06.2025, as illegal, arbitrary, highhanded and violative of Fundamental Rights guaranteed to the petitioner under Articles 14, 19^ and 21 of the Constitution of India apart from the provisions of Passport Act, 1967 and consequently direct the respondents 3 and 4 to renew the Petitioners Passport bearing No. L2782416 in pursuant to the petitioner's Application in File No. VJ2075152301225, dt.09.06.2025. 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 3 and 4 to renew the Petitioner’s Passport bearing No. L2782416 in pursuant to the petitioner’s Application VJ2075152301225, dt.09.06.2025, pending disposal of the writ petition^ Counsel for the Petitioner: SRI SRINIVASU L ^ Counsel for the Respondent No.5: GP FOR HOME^ r in File No. Counsel for the Respondent Nos. 1 to 4: SRI SINGAIAH GOUD (CENTRAL GOVT. COUNSEL) The Court made the following order: rv ^ APHC010309112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15804/2025 Between; 1.PASUPULETI TRIMURTHY, S/O.SIDDAIAH, YEARS, R/O.D.NO.16-21-14, PANCHAMUKHA ANJANEYA TEMPLE STREET TENALI, GUNTUR DISTRICT AGED ABOUT 49 ...PETITIONER AND 1.UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK, NEW DELHI - 110001. 2.THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, PSP DIVISION, ROOM N0.8 PATIALA HOUSE, TILK MARG, NEW DELHI. 3.THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL OFFICER, GOVERNORPET, M.G.ROAD, VIJAYAWADA. 4.THE PASSPORT OFFICER, VENKATESWARA THEATER COMPLEX, MAHATMA GANDHI ROAD, OPP RADIO STATION, VIJAYAWADA, KRISHNA DISTRICT. 5.THE SUBDIVISIONAL POLICE OFFICER, TENALI SUB-DIVISION TENALI, GUNTUR DISTRICT 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158 AIR., ...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 o issue a Writ, Order or Direction, more particularly one in the na ure o ntandamus, declaring the action of the respondents 1 to 41 refusrng 0 renew the Petitioner's Passport bearing No.L2782416 in pursuant llena^ Appilcation in Fiie No.VJ2075152301225, dt.09 06 2025 to the n^f, of Fundamental Rights guarLteed 2 the 21 of the constitution of Indrapart resn H ,9™'''®'°"® Passport Act, 1967 and consequently direct ote respondents 3 and 4 to renew the Petitioners Passport bearing No L2782416 d..Oaoa2025'°aia7s‘'°""'' ^-12075152301225, as lA NO: 1 OF ?n7i; in e' f 10 'he circunrstances stated Counsel for the Petitioner: 1.SRINIVASU L Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following: ORDER Heard Sri L.Srinivasu, learned counsel for the petitioner, Sri Singaiah Goud, learned Standing Counsel for Central Government for respondents 1 to 4 and Sri P,Ajay Babu, learned Assistant Government Pleader for Home for the 5'^ respondent. 2. The petitioner made the re-issue of the A short fall notice dated 16.06.2025 an application v/de File No.VJ2075152301225 for passport bearing No.L2782416 before the 3'^^ respondent, was issued seeking clarification due to an 0 adverse police verification report pointing out the petitioner’s involvement in Crime No. 12 of 2020 of Tenali I Town Police Station. Learned counsel for the petitioner would submit that mere pendency of a criminal case does not impede the reissuance of a passport. 3. Sri P.Ajay Babu, learned Assistant Government Pleader for Home, would submit that the police filed a final report/charge sheet before the Special Sessions-cum-IV Additional District & Sessions Judge, Guntur, and the same was numbered as S.C.No.166 of 2024 and hence, the petitioner has to make an appropriate application before the concerned jurisdictional Court. 4. 5. When a Court has taken cognisance of a crime and a case is pending, the applicant must necessarily approach the jurisdictional Court and make an application, and the Jurisdictional Court will pass appropriate orders. 6. A Division Bench of this Court, in the order dated 29.10.2024 in W.A.No.383 of 2024, considered Section 6(2)(f) of the Act, the judicial proceedings pending against an individual, and taking cognisance by the Magistrate observed as under: “16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of 'proceedings pending before a criminal Court’, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.” 7. At this juncture, learned counsel for the petitioner would submit that the petitioner will make an application before the learned jurisdictional Court. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel either side giving liberty to the petitioner to approach the learned Special Sessions-cum-IV Additional District & Sessions Judge, Guntur, where S.C.No.166 of 2024 is pending and make an application. If such an application is made, the learned Special Sessions-cum-IV Additional District & Sessions Judge, Guntur, shall consider the same and pass appropriate orders regarding renewal/issuing passport to the petitioner as expeditiously as possible, keeping in view Rule 12 of the Passport Act and the Rules. No order as to costs. on As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// ^SECTION OFFICER To, 1. The Secretary, Union of India New Delhi - 110001. 2. The Chief Passport Officer, Passport Authority of India, Ministry of Externai Affairs, PSP Division, Room No.8 Patiaia House, Tilk Marg, New Delhi. Ministry of External Affairs, South Block, 3. The Regional Officer, Regional Passport Office, 4th Floor, Stalin Central, D.No.27-37-158 Governorpet, M.G.Road, Vijayawada. 4. The Passport Officer, Venkateswara Theater Complex AIR., Vijayawada, Krishna District. Tenali Sub-Division, Tenali, Gantur Mahatma Gandhi Road, Opp Radio Station, 5. The Sub-Divisional Police Officer, District 6. One CC to Sri Srinivasu L Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh [OLjf] 8. One CC to Sri Singaiah Goud (Central Govt. Counsel) Advocate [OPUC] 9. Two CD Copies TF HIGH COURT DATED:01/07/2025 i rt ss» S’ CJ ORDER WP NO. 15804 OF 2025 7 S JUL m m, \o o»L ‘A-*", Cuff€‘*ii a>£Q-uail * c> DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS