yi.' V- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT^^ (Special Original Jurisdiction) xi cv. |if4 IJ:/' FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 142 OF 2025 Between: Lakshmi Sowjanya Koya, S/o Sampath Kumar Koya, 41-1/2-33, Mantada vari street, Dwaraka Nagar, Vijayawada, NTR District, Andhra Pradesh-520013. ...PETITIONER AND 1. The Union of India, Rep by its Principal Secretary, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India, 110 001. 2. The Regional Passport Office, 4th Floor, Stalin Central, D. No. 27-37- 158, Governorpet, M.G. Road, Vijayawada, Andhra Pradesh 3. The Station House Officer, Represented by Public Prosecutor, Suryaraopet P.S., Vijayawada, NTR District, Andhra Pradesh ...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 in the nature of Writ of Mandamus and/or any other appropriate writ /Writ(s)/direction or order declaring the action of the respondents, more particularly Respondent no. 2, in issuing the order in file VJ2076103521923 dt. 12.12:2024 restricting the validity of the petitioner's Passport for a period of one (1) year, thereby denying the reissuance of the petitioneris passport bearing No. U1741846 pursuant to the application vide File number VJ2076103521923, dt. 28.12.2023 for a period of 10 years as illegal, arbitrary, unjust and in violation of Article 14,19 no arKl 21 of the Constitution of India and contrary to the provisions of the Passports Act, 1967 and Passport rules, 1980 and consequently to direct 2nd respondent to renew/reissue petitioner^ passport bearing No. U'l741846 pursuant to the application dt. 28.12.2023 for a period of 10 ? years so as to facilitate the travel of petitioner. r 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 Respondents to process the application vide File number VJ2076103521923, dt. 28.12.2023 and reissue Passport bearing no. U1741846 for a period of 10 years, without reference to the criminal case. Counsel forth© Petitioner: SRI JAWAJI SARATH CHANDRA Counsel for the Respondent Nos. 1 & 2: SMT. DIVYA DATLA (CENTRAL GOVERNMENT COUNSEL) Counsel forth© Respondent No.3: GP FOR HOME The Court made the following: ORDER 1 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO. 142 OF 2025 ORDER: This writ petition is filed under the article 226 of Constitution of India to declare the action of the respondent No.2 in renewing the passport of the petitioner vide No. U1741846 dt.28.12.2024 for a period of 1 (one year) instead of 10 (ten) years as illegal and arbitrary. The case of the petitioner is that pursuant to the orders of this Court passed in W.P.No.22230 of 2024, dated 15.10.2024, respondent No.2 has renewed the passport of the petitioner for a period of 1 (one) year instead of 10 (ten) years. Challenging the same the writ petition is instituted. No counter affidavit or instructions are placed on record by the learned 1. 2. 3. counsel appearing for respondents. The petitioner was initially issued passport on 26.11.2019 vide Passport No. U1741846. The said passport had expired on 06.05.2023. Thereafter, the petitioner applied for renewal of his passport before respondent No.2 vide Application/File No. VJ2076103521923, dated 28.12.2023, respondent authorities issued a show cause notice, vide SCN/3186455314/2024 , stating that there is a criminal case vide Cr. No.07 of 2020 registered against the Challenging the show cause notice, the petitioner instituted 4. petitioner. W.P.No.22230 of 2024. 2 5. Vide order dated 15.10.2024 in W.P.No.22230 of 2024, this Court allowed the writ petition, directing the respondents of the petitioner without referring to the criminal to the petitioner. to consider the application cases and renew the passport The respondent No.2 had renewed the petitioner for a period of 1 (one) year. As passport of the per Notification in GSR 570(E), Ministry of External Affairs, dated 25.08.1993, issued in exercise of the powers conferred by clause (a) of section 22 of the Passports Acts, 1967, Central Government exempted citizens of India against whom proceedings in respect of an offence alleged to have been before a criminal court concerned permitting them to depart from India, the committed by them are pending in India and who produce orders from the court passport to be issued to every citizen shall be issued for the period specified in order of the court referred above, if the court specifies a period for which the passport has to be issued. If no period either for the issue of the passport or for the travel abroad IS specified in such order, the passport shall be issued for a period of one year. 6. In terms of the above clause in Notification GSR 570(E), dated 25.08.1993, respondent No.2 renewed the in the absence of specific mention about the passport or for the travel abroad. Normally, in cases where the petitioner involved i registered, this Court is ordering renewal of passport for passport for a period of one year, period either for issue of the 7. in crime and FIR is a period of three (03) 3 years and if any charge sheet is filed this Court, renewal of the passport is ordered for a period of 2 (two) years for securing the presence of the petitioner charge sheet and Calendar Case are pending before the trial Court. f in case Hence, in the present facts of the case, since crime is registered and no Court feeis it appropriate to direct the respondent No.2 charge sheet filed, this the passport of the petitioner for a period of three (03) years. The to renew other terms and conditions as stipulated in 15.10.2024 remains unchanged. W.P.No.22230 of 2024, dated Accordingly, with the directions of the above, this writ petition is 8. disposed of. Consequently, miscellaneous applications pending if any, shall stand 9. closed. Sd/- N. NAGAMMA assistant registrar //TRUE COPY// SECTTON OFFICER To, 1. The Principal Secretary, Union of India, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India, 110 001. 2. The Regional Passport Office, 4th Floor, Stalin Central, D. No. 27-37- 158, Governorpet, M.G. Road, Vijayawada, Andhra Pradesh 3. The Station House Officer, Suryaraopet P.S., Vijayawada, NTR District, Andhra Pradesh 4. One CC to Sri Javvaji Sarath Chandra Advocate [OPUC] ^One CC to Smt. Divya Datia (Central Government Counsel) Advocate • [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies TF HIGH COURT DATED:04/04/2025 ORDER WP.No.142 of 2025 " 0 5 APR 2025 |)| Tar Current Section . DISPOSING OF THE W.P., WITHOUT COSTS