APHC010315792025 IN THE HIGH COURT OF ANDHRA PRADESFU AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15899 OF 2025 Between: Kambala Kiran Yadav, S/o Kambala Chinna Gangaiah, Aged about 30 Years, R/o. 17-6/348/C, Aravapalll Street, near Bhakthimala Beedi Factory, Tirupati Town & Urban Mandal, Tirupati District Erstwhile Chittoor district. ...Petitioner AND The Union of India, Represented by its Secretary, Ministry of External Affairs, South Block, New Delhi. The Passport Authority of India, Rep by its Chief Passport Officer, PSP Division, Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi 110 001. The Regional Passport Officer, Regional Passport Office Vijayawada, Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G. Road, Vijayawada-520002. The Station House Officer, S.V.U Campus Police Station, Tirupati, Tirupati District. 1. 2. 3. 4. ...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 Writ of Mandamus the action of the Srd' respondent in not considering petitioner s application made for renewal of his passport vide letter application reference No. (ARN) 25- 1051128'896 (File No.VJ 10/5052490025) 20.05.2025 as being illegal and arbitrary and contrary to the petitioners rights under Article 21 of the Constitution of India and violative of provisions of the Passports Act, 1967^nd Passport Rules 1980 and dated consequently direct the respondents to renew and issue the passport to the petitioner forthwith^- lA NO: 1 OF 202.*; ^ Petition under Section IsTcPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to consider the application of the renewal of his passport afresh, pending disposal of Writ Petition. petitioner for Counsel for the Petitioner: SRI RAYALCHERUVU ABISHEK Counsel for the Respondent No.4: GP FOR HOME ^ Counsel for the Respondent Nos. 1 to 3: SRI SRIDHAR (CENTRAL GOVT. COUNSEL) REDDY^ The Court made the following order: APHC010315792025 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 SR! JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15899/2025 Between: 1.KAMBALA KIRAN YADAV, S/0 KAMBALA CHINNA GANGAIAH aged about 30 YEARS, R/0.17-6/348/C. ARAVAPALLL STREET, NEAR BHAKTHIMALA BEEDI FACTORY, TIRUPATI TOWN URBAN MANDAL, TIRUPATI DISTRICT ERSTWHILE CHITTOOR DISTRICT. ...PETITIONER AND 1.THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY ministry OF EXTERNALAFFAIRS, SOUTH BLOCK, NEW DELHI. 2.THE PASSPORT AUTHORITY OF INDIA, REP BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL affairs, room NO.8, PATIALA HOUSE, TILAK MARG, NEW DELHI 110 001. 3.THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE VIJAYAWADA, 4THFLOOR, STALIN CENTRAL, D.NO.27-37- 158, GOVERNORPET, M.G. ROAD, VIJAYAWADA-520002. 4.THE STATION HOUSE OFFICER, S.V.U CAMPUS POLICE STATION,. TIRUPATI, TIRUPATI DISTRICT. ...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 toPleased to issue a writ, order or direction more particularly one in s the nature of Writ of Mandamus the action of the 3RD respondent in not considering petitioners application made for renewal of his passport vide letter application reference No. (ARN) 25- No.VJ 1075052490025) dated 20.05.2025 as being illegal and arbitrary and contrary to the petitioners rights under Article 21 of the Constitution of India and violative of provisions of the Passports Act, 1967 and Passport Rules 1980 and consequently direct the respondents to renew and issue the passport to the petitioner forthwith and pass 1051128896 (File 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 Fligh Court may be pleased Pleased to direct the 3RD respondent to consider the application of the petitioner for renewal of his passport afresh, pending disposal of Writ Petition, and to pass Counsel for the Petitioner: 1. RAYALCHERUVU ABISHEK REDDY Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following: ORDER Heard Sri S.Mahesh Naik, learned counsel for the petitioner, Sri Sridhar, learned Standing Counsel for Central Government for respondents 1 to 3, and Sri P.Ajay Babu, learned Assistant Government Pleader for Home for the 4*^^ respondent. The petitioner made an application vide File No.VJI075052490025 before the 3'^'^ respondent for the issuance of a passport. A short fall notice dated 03.06.2025 was issued to the petitioner seeking clarification due to an adverse police verification report pointing out the petitioner’s involvement in 2. Crime No.6 of 2021 of the SVU Campus Police Station. The petitioner submitted an explanation dated 17.06.2025 (Ex.PS). 3. Learned counsel for the petitioner would submit that mere pendency of a criminal case does not impede the reissuance of a passport. 4. Sri P.Ajay Babu, learned Assistant Government Pleader for Home, would submit that the police filed a final report/charge sheet before the I Additional Junior Civil Judge, Tirupati, and the same was numbered as C.C.No.454 of 2024, and hence, the petitioner has to make an appropriate application before the concerned jurisdictional Court. When a Court has taken cognizance 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. 5. 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 Kage ^ Of D criminal Court’, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.” At this juncture, learned counsel for the petitioner would submit that the petitioner will make an application before the learned jurisdictional Court. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side giving liberty to the petitioner to approach the learned I Additional Junior Civil Judge, Tirupati, where C.C.No.454 of 2024 is pending and make an application. If such an application is made, the learned I Additional Junior Civil Judge, Tirupati, 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. 8. 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, Ministry of External Affairs, South Block, New Delhi. 2. The Chief Passport Officer, Passport Authority of India, PSP Division, Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg'T New Delhi 110 001. 3. The Regional Passport Officer, Regional Passport Office Vijayawada, 4 Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G. Road^ Vijayawada-520002. 4. The Station House Officer, S.V.U Campus Police Tirupati District. 5. One CC to Sri Rayalcheruvu Abishek Reddy Advocate [OPUC] 6. TwoCCsto OP for Home High Court of Andhra Pradesh [OUT] 7. One CC to Sri Sridhar (Central Govt. Counsel) Advocate [OPUC] 8. Two CD Copies Station, Tirupati TF >1 HIGH COURT a DATED:01/07/2025 ORDER WP NO. 15899 OF 2025 SC 2 9 JUL 2025 yvQiiTent Sectiop^^'y DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS