APHC010311092025 IN THE HIGH COURT OF ANDHRA PRADESH - AT AMARAVATI (Special Original Jurisdiction) , TUESDAY, THE FIRST DAY OF JULYv-^ TWO THOUSAND AND TWENTY FIVE PRESENT V- THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTK WRIT PETITION NO: 15747 OF 2025 Between: Manepalli Nagabrahmam, S/o Lakshmi Narasimha Rao, Aged about 71 years, Occ: Business, R/o 7-125/1, Main Road, Jaggayyapet, N.T.R District, Andhra Pradesh - 521175. ...Petitioner AND 1. The Union of India, Rep. by its Secretary, Ministry of eternal Affairs, South Block, Yjew Delhi - 110001. 2. The Regional Passport Officer, Regional Passport Office, 4th Floor, Stalin Central, D.No. 27-3'7-158, Governorpet, M.G. Road, Vijayawada - 520002. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati - 522237.'"' 4. The Station House Officer, Jaggayyapet Police Station, N.T.R District, Andhra Pradesh - 521175. V.--" ...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 nat^je of Writ of Mandamus declaring the action of the 2nd Respondent in not issuing the passport to the Petitioner pursuant to his application bearing File No. VJ2077229445924 dated 20.12.2024, despite submission of clarification by submitting 4th respondent verification certificate, as illegal, arbitrary. violative of principles of natural justice, and as being in contravention of the provisions of the Passport Act, 1967, and Articles 14, 19 and 21 of the Constitution of India Consequently, direct the 2nd Respondent to issue the passport to the Petitioner in accordance with law. 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 Respondent to process the Petitioner’s passport application bearing File No. VJ207722944^24 dated 20.12.2024, and not to take coercive or adverse action against the Petitioner solely on the basis of the pending police verification or Cr. No. 450/2021, which is presently stayed by this Hon’ble Court and in which no charge sheet has been filed. Counsel for the Petitioner: SRI V.N.V.SURYA DATTU Counsel for the Respondent Nos. 1 and 2: SRI M SRINIVAS LEARNED STANDING COUNSEL FOR CENTRAL GOVERNMENT Counsel for the Respondent Nos. 3 and 4: GP FO^OME The Court made the following order: any /-'•s APHC010311092025 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: 15747/2025 Between: 1.MANEPALLI NAGABRAHMAM, S/O LAKSHMI NARASIMHA RAO, AGED ABOUT 71 YEARS, OCC. BUSINESS, R/0 7-125/1, MAIN ROAD, JAGGAYYAPET, N.T.R DISTRICT, ANDHRA PRADESH - 521175. ...PETITIONER AND 1.THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI - 110001. 2.THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT 4TH FLOOR, STALIN CENTRAL, D.NO. 27-37-158, OFFICE GOVERNORPET, M.G ROAD, VIJAYAWADA - 520002. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARY VELAGAPUDI, AMARAVATI - 522237. 4.THE STATION HOUSE OFFICER, JAGGAYYAPET POLICE STATION, N.T.R DISTRICT, ANDHRA PRADESH - 521175. ...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 WRIT OF MANDAMUS declaring the action of the 2nd Respondent in not issuing the passport to the Petitioner pursuant to his application bearing File No. VJ2077229445924 dated 20.12.2024, despite submission of clarification by submitting 4th respondent verification certificate, as illegal, arbitrary, violative of principles of natural justice, and as being in contravention of the provisions of the Passport Act, 1967, and Articles 14, 19 and 21 of the Constitution of India Consequently, direct the 2nd Respondent to issue the passport to the Petitioner in accordance with law and 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 to Direct the 2nd Respondent to process the Petitioner’s passport application bearing File No. VJ2077229445924 dated 20.12.2024, and not to take any coercive or adverse action against the Petitioner solely on the basis of the pending police verification or Cr. No. 450/2021, which is presently stayed by this Hon’ble Court and in which no charge sheet has been filed and Pass Counsel for the Petitioner: 1.V.N.V.SURYADATTU Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following: ORDER Heard Sri V.N.V.Surya Dattu, learned counsel for the petitioner, Sri M.Srinivas, learned Standing Counsel for Central Government for respondents 1 & 2, and Sri P.Ajay Babu, learned Assistant Government Pleader for Home for respondents 3 & 4. The petitioner made an application vide File No.VJ2077229445924 dated 20.12.2024 before the 2"^^ respondent for the issuance of a passport. A show-cause notice dated 03.03.2025 was issued to the petitioner seeking i’f clarification due to an adverse police verification report pointing out the 2. petitioner’s involvement in Crime No.450 of 2021 of Jaggaiahpeta Police Station. Learned counsel for the petitioner would submit that the petitioner and others filed Crl.P.No.7370 of 2021 in connection with Crime No.450 of 2021 of Jaggaiahpeta Police Station, and the coordinate Bench of this Court granted an interim order dated 17.02.2022, and the same is still subsisting. He would also submit that mere pendency of a criminal case does not impede issuance of a passport. 3. Sri M.Srinivas, learned standing counsel for Central Government for respondents 1 and 2, would submit that no explanation was submitted to the show cause notice by the petitioner. 4. Sri P.Ajay Babu, learned Assistant Government Pleader for Home, would submit that the aforementioned crime was registered against the petitioner and 11 others. He did not dispute the interim order granted by this Court in Crl.P.No.7370 of 2021 dated 17.02.2022. 5. Section 6 of the Act deals with the refusal of passports, travel documents etc. Section 6(2)(f), which is relevant, is extracted hereunder: 6. 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; A 7. The Hon’ble Apex Court in Maneka Gandhi Vs. 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; 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." 9. The Hon’ble Apex Court in Sumit Mehta v. State of NCT of Delhi^ observed as follows; 8. “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.” 10. Case at hand, in respect of Crime No.450 of 2021 of Jaggaiahpeta Police Station, a coordinate Bench of this Court granted an interim order in Crl.P.No.7370 of 2021, and the same is still subsisting. Mere pendency of a criminal case is not a ground to deny issuance of a passport to the petitioner. 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 directing the 2"^^ respondent to issue a passport to the petitioner in pursuance of the application vide File No.VJ2077229445924 dated 20.12.2024, without reference to Crime No.450 of 2021 of Jaggaiahpeta — ' (1978) 1 see 248): AIR 1978 Se 597 / ^ (2019) Supreme (Se) 1516 ^2013 (15) see Page 570 11. on Police Station, keeping in view sections 7 and 10 of the Passport Act, 1987 and Rule 12 of the Passport Rules, 1980. If the petitioner intends to travel outside India, the petitioner shall approach the jurisdictional Court and make an appropriate application. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// sectioiQ officer To, 1. The Secretary, Ministry of External Affairs, Union of India, South Block, New Delhi - 110001. 2. The Regional Passport Officer, Regional Passport Office, 4th^loor, Stalin Central, D.No. 27-37-158, Governorpet, M.G. Road, Vijayawada - 520002. 3. The Principal Secretary, Home Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati - 522237. 4. The Station House Officer, Jaggayyapet Polic^Station, N.T.R District, Andhra Pradesh - 521175. 5. One CC to Sri. V.N.V.Surya Datt^dvocate [OPUC] 6. One CC to Sri. M. Srinivas SC for Central Government [OPUC] 7. One CC to Additional Solicitor General of India [OPUC] 8. Two CCs to GP for Home High Court of Andhra Pradesh [OUT] 9. Two CD Copies gsc HIGH COURT DATED:01/07/2025 ORDER WP NO. 15747 OF 2025 ^ 2 9 JUL 2025 ff- .-F* ^"Htii^entSectbo^ i,y DISPOSING THE WP WITHOUT COSTS