-> APHC010328152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16649 OF 2025 Between: Kamma Harsha Kesa Vardhan,, S/o. Gopal Krishna, Aged about 25 Occ Student, R/o. Sriramavaram Village, Denduluru Mandal, Eluru District Andhra Pradesh. years ...PETITIONER AND 1. The Union of India, Rep. by its Secretary, Ministry of External Affairs, South Block, New Delhi - 110 001. 2. The Regional Passport Officer, Regional Passport Office, 4th Floor, Stalin Central, D.No. 27-37-158, Govemorpet, M.G. Road, Vijayawada - 520002, Andhra Pradesh. 3. The Station House Officer, Denduluru Police Station, Andhra Pradesh. Eluru District, ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2 Respondent in issuing the Show Cause Notice SCN/320663861/25 dated 04.02.2025 and withholding my Application bearing Petition under Article 226 of the Constitution of India nd bearing Letter Ref No. File No. VJ5067343311125 dated 27.01.2025 filed by me seeking issuance of a Passport by referring to a Crime in FIR. No. 126 of 2024 on the file of the Denduluru Police Station - 3'"^ Respondent, for alleged offences under Sections 189(3), 333, 329(3), 324(2), 351(2), 115(2) r/w 190 of the Bharatiya Nyaya Sanhita (BNS)as illegal, arbitrary, contrary to the provisions of the Passport Act, 1967 and the well established legal principles laid down by this Hon'ble Court as well as the Flon'ble Apex Court from time to time apart from being violative of the fundamental rights guaranteed to me under Articles 14,19 and 21 of the Constitution of India and consequently direct the 2nd Respondent is issue a fresh Passport in my favour by acting upon my Application bearing File No. VJ5067343311125 dated 27.01.2025 without referring to the said Crime in FIR. No. 126 of 2024 on the file of the Denduluru Police Station - 3'^'^ Respondent. 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 2'"'^ Respondent to consider my Application bearing File No. VJ5067343311125 dated 27.01.2025 seeking issuance of fresh Passport without referring to the Crime in FIR. No. 126 of 2024 on the file of the Denduluru Police Station - 3'^'^ Respondent, for alleged offences under Sections 189(3), 333, 329(3), 324(2), 351(2), 115(2) r/w 190 of the Bharatiya Nyaya Sanhita (BNS), pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI PHANI VISWANATH CHALLA Counsel for the Respondent Nos.1 & 2:SRI NIRANJAN, CENTRAL GOVT. COUNSEL Counsel for the Respondent No.3: GP FOR HOME The Court made the following order: APHC010328152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Vj X-. [3331] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 16649/2025 Between; 1.KAMMA HARSHA KESA VARDHAN,, S/0. GOPAL KRISHNA, AGED ABOUT 25 YEARS, OCC STUDENT, VILLAGE, DENDULURU MANDAL, ELURU DISTRICT, ANDHRA PRADESH. R/0. SRIRAMAVARAM ...PETITIONER AND 1.THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI - 110 001. 2.THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRAL, D.NO. 27-37-158, GOVEMORPET, M.G. ROAD, VIJAYAWADA - 520002, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, DENDULURU POLICE STATION, ELURU DISTRICT, ANDHRA PRADESH. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd Respondent in issuing the Show Cause Notice bearing Letter Ref No. SCN/320663861/25 dated 04.02.2025 and withholding my Application bearing File No. VJ5067343311125 dated 27.01.2025 filed by me seeking issuance of Ss'lsSrsafi ■ ^rResponlnr fof alLged" “ff" 14,19 and 21 of (he r„ guaranteed to me a" ApXt: bearfnrFi,: iT^iP" 2nd '■eferrinq to fh^ ^ ^^506734331112^ H.i w upon my Denduluru Police Staf '’26 of 2024 without ofce Station - 3rd Respondent of the iilNOjLOF^S Petition under Section dllct the'nd'ts High -'■Idoutreferri t 2^ °1-2025 ^eekingts1° !" r ?™® Sections 189(3 ngat' ' ^^^Pondeffo f T °f 'he 1PHANI VISWANATH Counsel for the CHALLA Respondent(S): ■’ •GP FOR HOME 2. The Court made the following ORDER: Niraniam rar^IdTanerc ‘ Assistant Government PIsadeTforteX'"'' ’ ^ me 3 respondent 11125 dated 27.01,2025 to the 2 counsel for the petitioner, Sri and Sri Ajay, learned 2. MO.VJ506734331 an application vide file respondent seeking for nd 3 issuance of a passport. A short gall notice dated 04.02.2025 petitioner due to an adverse police verification report. was issued to the 3. Learned counsel for the petitioner would submit that the petitioner submitted an explanation; however, the copy of the same is not available. Learned counsel submits that mere pendency of a crime is not a ground to deny issuance of a passport. Learned Assistant Government Pleader for Home would submit that a case in Crime No.126 of 2024 was registered for the offences punishable under Sections 189(3), 333, 329(3), 324(2), 351(2), 115(2) r/w 190 of BNS against the petitioner and others by Denduluru police. Learned counsel further submits that the police have not filed any final report before the jurisdictional Magistrateso far. 4. 5. The Hon’ble Apex Court in Maneka Gandhi v. Union of !ndia\ 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 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: on 6. "The right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual by extending his freedoms of action, but also by extending the scope of his not only 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." 7. The Hon’ble Apex Court in Sumit Mehta v. State of NCT of Delhi^ observed as follows: (1978) 1 see 248): AIR 1978 SC 597 (2019) Supreme (SC) 1516 "2013(15) see Page 570 TfiG law presumable i including the right to liberty India." presumes an nccused to be i innocent person, he j innocent till his guilt iIS proved. As a fundamental rights 21 of the Constitution - IS entitled to all the guaranteed under Article of 8. The Division Bench of this Court i '0 W.A.No.383 of 2024, aspect of cognizance by the i application made for the i considered the - vis-a-vis an as follows; jurisdictional Court i - in a criminal case vi passport and observed issuance of a 16. Considering the facts principles laid down i the Court of Special having not taken of the present case touchstone of the aforementioned judgments, Mobile Judicial First judicial notice of in the it is clear that Class Magistrate, Kakinada, the charge sheet filed before it, can the Court be of Chapter XVI of the cannot be said to have taken cognizance much less proceedings in terms said to have initiated ( of Criminal Procedure. Code CttL”““ «- of the Code of Criminal taken, there criminal Court’, the Passports Act, 1967. In the jurisdictional passport. The law Given the facts at the admission stage, directing the 2 •application madeTm" 'n t proceediiigs had been taken p ^°^rt under Chapter XVI ocedure. Since, there was no cognizance ■proceedings pending before a the provisions of Section would be no question of which would attract 6(2)(f) of 9. case at hand, police have court. Mere presumes an not filed a final report before the issuing the -nnocent till guilt is proved. pendency of accused to be I a crime is not a bar for i 10. and circumstances of the disposed of case, the Writ Petition IS nd passport to the respondent to issue a pursuance of the to Crime No. 126 of 2024 intends to travel outside India, the N 5 petitioner shall get permission from the jurisdictional court. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. 7/ Sd/- P VINOD KUMAR ASSISTANT REGISTRAR ,/ //TRUE COP> ON OFFICER SECTI To, 1. The Secretary, Ministry of External Affairs, Union of India, South Block, New Delhi - 110 001. 2. The Regional Passport Officer, Regional Passport Office, 4 Stalin Central, D.No. 27-37-158, Govemorpet, M.G. Road, Vijayawada - 520002, .Andhra Pradesh. 3. The Station House Officer, Denduluru Police Station, Eluru District, Andhra Pradesh. 4. One CO to Sri Phani Viswanath Challa, Advocate [OPUC] 5. One CC to.Sri Niranjan, Central Govt. Counsel[OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. th Floor, ssb ,/ r HIGH COURT DATED:08/07/2025 ORDER WP No. 16649 OF 2025 ^ 1 9 AUG 2025 V^i disposing of the w.p. at the stage ADMISSION WITHOUT COSTS OF