APHC010309912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15786 OF 2025 Between; Velamuri Srihari Reddy, S/o. Velamuri Venkatarami Reddy Aged about 50 years, Oc. Business Kavali, SPSR Nellore District, Andhra Pradesh R/o.Kotturu, Musunuru, Musunuru(Rural), ...Petitioner AND 1. The Union Of India, Rep. by its Secretary, Government of India of Home and External Affairs MHA, North Block New Delhi 2. The Regional Passport Officer, Regional Passport office. Passport Governor Road, Ongole, Prakasam Ministry Central Secretariat, Seva Kendra, Head Post office. District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Guntur District, AP 4. The Station House Officer, Kavali Rural Police Station Nellore District. 5. The Regional Passport Officer, Regional Passport Stalin Central, D.No.27-37-158, Governor Pet, 520002. [R5 is impleaded as per the Court’s Order dt.07.07.25 In lA 02/2025 in Writ Petition and affidavit.] Home Kavali, SPSR office, 4*'" Floor, M.G.Road, Vijayawada- ...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 a writ of mandamus declaring the action of the 2nd respondents in not issuing passport to the petitioner to travel abroad under guise of pendency of criminal cases as highly illegal, arbitrary and violation of article 14 and 21 of the Constitution of India and contrary to the judgment of Division Bench of this Hon'ble court in W.A.No. 383 of 2024 and consequently direct the respondents to issue passport to the petitioner forthwith as per the provisions of Passport Act, 1967 and pass such other order or order(s). 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 2nd respondents to issue the passport to the petitioner forthwith as per the provisions of Passport Act, 1967 and pass such other order or order(s) pending disposal of the above writ petition. Counsel for the Petitioner: KOMARA PRUDHVI RAJ Counsel for the Respondent Nos.1, 2 & 5: M UMA DEVI (CENTRAL GOVT COUNSEL) Counsel for the Respondent Nos.3 & 4: GP FOR HOME The Court made the following order: APHC010309912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15786/2025 Between: 1.VELAMURI SRIHARI REDDY, S/0. VELAMURI VENKATARAMI REDDY AGED ABOUT 50 YEARS, OC. BUSINESS, R/O.KOTTURU, KAVALI, SPSR NELLORE MUSUNURU, MUSUNURU(RURAL), DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1.THE UNION OF INDIA, REP. BY ITS SECRETARY, GOVERNMENT OF INDIA MINISTRY OF HOME AND EXTERNAL AFFAIRS MHA, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI 2.THE REGIONAL PASSPORT OFFICER, REGIONAL . PASSPORT PASSPORT SEVA KENDRA, HEAD POST OFFICE. OFFICE. GOVERNOR ROAD, ONGOLE, PRAKASAM DISTRICT. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AP 4.THE STATION HOUSE OFFICER, KAVALI RURAL POLICE STATION KAVALI, SPSR NELLORE DISTRICT. 5. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 4™ FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOi/ERNOR PET, M.G.ROAD, VIJAYAWADA. 2 ...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 a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 2nd respondents in not issuing passport to the petitioner to travel abroad under guise of pendency of criminal cases as highly illegal, arbitrary and violation of article 14 and 21 of the Constitution of India and contrary to the judgment of Division Bench of this Hon'ble court in W.A.No. 383 of 2024 and consequently direct the respondents to issue passport to the petitioner forthwith as per the provisions of Passport Act, 1967 and pass such other order or order(s) and to pass I 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 2nd respondents to issue the passport to the petitioner forthwith per the provisions of Passport Act, 1967 and pass such other order order(s) pending disposal of the above writ petition and to pass lA NO: 2 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 permit me to implead the proposed respondent no.5 as respondent no.5 in W.P.No.15786 of 2025 as well as in I.A. No. 1 of 2025 and pass Counsel for the Petitioner: 1.KOMARAPRUDHVI RAJ Counsel for the Respondent(S): 1. M UMA DEVI (CENTRAL GOVT COUNSEL) 2.GP FOR HOME i as or 3 . / The Court made the following ORDER; Heard Sri K.Prudhvi Raj, learned counsel tor the petitioner, Smt.Umadevi, learned Panel counsel appearing for respondents 1, 2 & 5 and Sri AjAy, learned Assistant Government Pleader for Home for respondents 3 and 4. 2. The petitioner made an application before the 5*^ respondent for issuance of passport vide File No.VJA065001984425. A short fall notice dated 08.05.2025 was issued to the petitioner due to an adverse police verification report. The petitioner is falsely implicated in Crime No.742024 of Kavali Police station. Learned counsel for the petitioner would submit that mere pendency of a criminal case is not an impediment for issuance of a passport. 3. Learned counsel for the respondents 1, 2 & 5 would contend that due to an adverse police verification report, a short fall notice was issued to the petitioner. 4. Learned Assistant Government Pleader for Home would submit that no reply was given by the petitioner to the said short fall notice. He further submits that the police have not filed any final report so far. 5. 6. 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. The Hon’ble Apex Court in its decision reported -in Satish Chandra Verma v. Union of India (UOI) and others^, observed as under: 7. ’ (1978) 1 sbc 248): AIR 1978 SC 597 ^ (2019) Supreme (SC) 1516 4 \ "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; friendship which are the basic humanities which 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; “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 . India.” marriage, family and can be affected through 8. of 9. The Division Bench of this Court in W.A.No.383 of 2024, considered the aspect of cognizance by the jurisdictionai Court in a criminai case vis-a-vis an appiication made for the issuance of a passport and observed as follows: 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 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. Kakinada, 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there taken was no cognizance no question of ‘proceedings pending before a provisions of Section 6(2)(f) of taken, there would be criminal Court’, which would attract the the Passports Act, 1967. '2013(15) see Page 570 5 In the case at hand, police have not filed final report before the jurisdictional court. Mere pendency of crime is not a bar for renewing/reissuing the passport. The law presumes an accused to be innocent till guilt is proved. 10. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, directing the respondent to issue a passport to the petitioner as expeditiously as possible, in pursuance of the application made by the petitioner, without reference to Crime No.74 of 2024 of Kavali Police Station. If the petitioner intends to travel outside India, the petitioner shall approach the jurisdictional court and make an appropriate application. There shall be no order as to costs. 11. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO deputy REGISTRAR //TRUE COPY// Tt: SECTION OFFICER To, 1. The Secretary, Government of India Affairs MHA, North Block, Central Secretariat Delhi 2. The Regional Passport Officer, Regional Passport Seva Kendra, Head Post office. District. 3. The Principal Secretary Home Department, Secretariat, Guntur District, AP 4. The Station House Officer, Kavali Rural Nellore District. 5. One CC to SRI. KOMARA PRUDHVI RAJ Advocate 6. One CC to SRI. M UMA DEVI (CENTRALGOVT [OPUC] 7. Two CCs to GP FOR HOME High Court of Andhra 8. Two CD Copies. AL (gsg) Ministry of Home and External Union Of India New office. Passport Governor Road, Ongole, Prakasam Velagapudi Police Station Kavali, SPSR [OPUC] COUNSEL) Advocate Pradesh [OUT] V b HIGH COURT DATED:07/07/2025 ORDER WP NO. 15786 OF 2025 OFANDI S 31 JUL 2025 Cumat Smuoi W DISPOSING OF THE W.P. AT THE ADMISSION STAGE, WITHOUT COSTS