APHC010323782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6677 OF Between; Kotari Ramachandra Rao, S/o Late Abbaiah, Aged about 70 years,R/o.Kondalaraopalem Village, Pedavegi Mandal,Eluru District, ...Petitioner AND 1. The State of Andhra Pradesh, through S.H.O, Pedavegi Police Station, Eluru D,stnct,Rep. by its Public Prosecutor High Court at Amaravathi 2. Regional Passport Officer, Passport Seva Kendra, Vishakhapatnam Andhra Pradesh ...Respondents Petition under Section 528 of BNSS stated in the Memorandum of Grounds praying that in the circumstances ^ Criminal Petition, the High Court ay e pleased to allow the present Criminal Petition by setting aside the order dated 20-05-2025 passed by the court of the IV Additional Civil (Junior Division)-Cum Special Judicial passed in Crl.M.P.Nos.508 2017 of Pedavegi Police Station, Judge Magistrate of First Class (Excise) Eluru, and 509 of 2025 in Cr Nos. 197 of 2018 and 72 of and direct the 2nd Respondent to issue the renewal of passport for the prescribed period provided under law the ends of justice. to secure lA NO: 1 OF Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to direct the respondent No.2 to renew the passport of the petitioner for minimum period of two pendency of the case. years, during the Counsel for the Petitioner: Sri Prabhu Nath Vasireddy Counsel for the Respondent No.1: Public Prosecutor The Court made the following order: APHC010323782025 IN THE HIGH COURT OF ANDHRA PRADESH [3327] AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 6677/2025 Between: ...PETITIONER/ACCUSED Kotari Ramachandra Rao AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused; 1.PRABHU NATH VASIREDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: This Criminal Petition, under Section 528 of B.N.S.S., (old 482 Cr.P.C.,) has been filed on behalf of the petitioner/accused No.1 herein seeking to set-aside the order dated 20.05.2025 passed in Crl.M.P.Nos.508 & 509 of 2025 by 2 the learned IV Additional Civil Judge (Junior Division) Special Judicial Magistrate of First Class (Excise), Eluru, relating to Crime Nos. 197 of 2018 & 72 of 2017 Station. - cum - of Pedavegi Police 2. Heard learned counsel for the Assistant Public Prosecutor. petitioner and learned 3. Learned counsel for the impugned order, learned Magistrate allowed petitioner submits that vide the petition with certain terms and conditions and issued no objection certificate to the petitioner to enable him to renew his pass port No.L8300034 from the Regional Passport Authority, Vishakhapatnam for a period of six (06) months from the date of counsel submits that the renewal of the six (06) months from the date of renewal. The learned passport for a period of renewal is too short and insufficient as the petitioner underwent major medical treatment in the United States of America consequently it requires long-term medical continuous medical advice. a decade ago, and over treatment and 3 Per contra, learned Assistant Public Prosecutor opposed for extension of the period on the ground that there are four criminal cases pending against the petitioner. 4 Learned counsel appearing on behalf of the petitioner submits that in all the four cases, two cases in Crime No.287 of 2013 of Eluru Rural Police Station and Crime No.72 of 2017 of Pedavegi Police Station have been closed, and only two cases pending against the petitioner, wherein, police are yet to file charge-sheets. 5 are Learned counsel relied upon an order, dated 09.05.2025, passed by this Court in W.P.No.13133 of 2025 wherein it was held as under; 6 “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: “Section-6: 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 no other ground, namely:- 4 6. The Hon’bie Apex Court in Meneka 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. 7. The two judge bench of the Hon’bie 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. ” In the case at hand, the jurisdictional court has not taken any cognizance. Mere pendency of crime is not a bar for renewing/reissuing the passport. Given the facts and circumstances of the case, the writ petition is disposed of, at the admission stage directing 2' respondent to renew/re-issue the passport of the petitioner, in pursuance of the application made by the petitioner vide VJ9077541666125, dated 08.04.2025, without reference to Crime No.40 of 2016 dated 12.04.2016. There shall be no order as to costs.” 10. 11. nd ' (1978 1 see 248): AIR 1978 Se 597 ^ LAWS 2019 (2) see Online Se 2048 5 7. In the case on hand, the offences alleged in the subject Crimes are punishable under Sections 341, 323 and 506 read with 34 IPC and 403 and 409 IPC. The Crimes relate to years 2018 and 2017 respectively. The petitioner is seeking the renewal for medical treatment. He is aged about 70 years. In view of the aforesaid facts and circumstances and considering the submissions made by the learned counsel for the petitioner, the Criminal Petition is disposed of, at the admission stage directing the respondents to renew/re-issue the passport of the petitioner, for a period two (02) years from the date of issuance, in pursuance of the application made by the petitioner, dated 06.03.2025, without reference to the Crime Nos. 197 of 2018 and 72 of 2017 of Pedavegi Police Station. The other conditions imposed in the impugned order remain intact. 8. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions, if any pending in this Criminal Petition, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// 4*^ SECTION OFFICER 1. The IV Additional Civil Judge (Junior Division)-Cum Special Magistrate of First Class (Excise) Eluru, West Godavari District. To, Judicial 2. The Station House Officer, Pedavegi Police Station, West Godavari District. 3. The Station House Officer, Eluru Rural Police Station, West Godavari District 4. One CC to Sri Prabhu Nath Vasireddy, Advocate [OPUC] 5. Two GO'S to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Two CD Copies SAM sree HIGH COURT DATE 0:07/07/2025 ORDER CRLP No. 6677 of 2025 o M 7 JUL 2025 5>sQjiTentSectioii.^<^ DISPOSING OF THE CRLP