APHC010364542025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI i (Special Original Jurisdiction) | MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18334 OF 2025 7 Between: Marthala Narasimha Reddy, S/o. Ayyapu Reddy, aged 45 years, R/o. D.No. 1- 56 (Old Door No. 3-215), Seetharamapuram Village, Chapadu Mandal, YSR Kadapa District, Andhra Pradesh. ...Petitioner AND 1. The Union Of India, Represented by its Secretary, Ministry of External Affairs, New Delhi. 2. Regional Passport Officer, Office at 4*'' Floor, Stalin Central, Door No. 27-37-158, Governorpet, MG Road, Vijayawada, NTR District, Andhra Pradesh. 3. The Station House Officer, Chapadu Police Station, YSR Kadapa District, Andhra Pradesh. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstancesstated in the affidavitfiled therewith, the High Court may be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2"“^ respondent in rejecting for renewal of passport with file No. VJ1075111969525, dated 10.06.2025 with the reason that the petitioner involved in criminal cases by directing to get the proof of clearance of criminal cases as illegal, arbitrary, discriminating, unjust against to Article 14, 19, 21 of Constitution of India and nd against to the rules of Passport Act and consequentially direct the 2 respondent to renew the passport by considering the application dated 10.06.2025 in file No. VJ1075111969525 forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 renew the passport by considering the application dated 10.06.2025 in file No. VJ1075111969525 forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI V SAI KUMAR Counsel for the Respondent No’s. 1 & 2: SRI K.Sreedhar Murthy, Senior Panal Counsel For Central Government Counsel for the Respondent No.3:GP FOR HOME The Court made the following order: APHC010364542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE 1 [3459] PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 18334/2025 Between: 1.MARTHALA NARASIMHA REDDY, S/0. AYYAPU REDDY, AGED 45 YEARS, R/0. D.NO. 1- 56 (OLD DOOR NO. 3-215), SEETHARAMAPURAM VILLAGE, CHAPADU MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. REGIONAL PASSPORT OFFICER, OFFICE AT 4TH FLOOR, STALIN CENTRAL, DOOR NO. 27-37-158, GOVERNORPET, MG ROAD, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 3.THE STATION HOUSE OFFICER, CHAPADU POLICE STATION, YSR KADAPA 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 toPleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in rejecting for renewal of passport with file No. VJ1075111969525, dated 10.06.2025 with the reason that the petitioner involved in criminal cases by directing to get the proof of clearance of criminal cases as illegal, arbitrary, discriminating, unjust against to Article 14, 19, 21 of Constitution of India and against to the rules of Passport Act and consequentially direct the 2nd respondent to renew 2 JS,J WP.No.18334 of 2025 the passport by considering the application dated 10.06.2025 in file No VJ1075111969525 forthwith and to lA NO: 1 OF 2025 pass 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 Pleased to direct the 2nd respondent to renew the passport by considering the application dated 10.06.2025 in file No. VJ 1075111969525 forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.VSAI KUMAR Counsel for the Respondent(S): I.K.Sreedhar Murthy,Senior Panal Counsel For Central Government 2.GP FOR HOME The Court made the following: 3 JS,J WP.No.18334 of 2025 ORDER: Heard Sri K. Sreedhar Murthy, learned counsel for the petitioner, and Sri Ajay, learned Assistant Government Pleader for Home appearing for the 3^^ respondent, and perused the material available on record. 2. The petitioner's case, in brief, is that the 2"^^ respondent issued a passport to the petitioner in the year 2015, which was valid up to 05.05.2025. On 02.06.2025, the petitioner, vide RC.No.25-1051488551, submitted an application for renewal of the passport. On 10.06.2025, the 2 nd respondent sought clarification regarding the petitioner’s involvement in CC.No.140 of 2020 arising out of Crime No.77 of 2020, CC.No.526 of 2022 arising out of Crime No.112 of 2020, and Crime No.3 of 2020. Learned counsel for the petitioner submits that the Crl.P.No.338 of 2020, filed to quash Crime No.3 of 2020, was dismissed on 24.01.2020. 3. Learned counsel for the petitioner submits that mere pendency of criminal cases is no ground to deny reissuance of a passport, and relied on the following decisions of the Hon’ble Apex Court: 4 JS.J WP.No.18334 of 2025 In Maneka Gandhi v. Union of india^, it is 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. i) In Sumit Mehta v. State of NOT of Delhi^, it is held ii) as follows: “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. Sri Ajay, learned Assistant Government Pleader for Home appearing for the 3^^ respondent, on instructions, submits that cognizance was taken in CC.No.140 of 2020 and CC.No.526 of 2022 by the learned Judicial First Class Magistrate, Mydukur, and that Crime No.3 of 2020 is still pending in FIR stage. Therefore, it is submitted that the petitioner has to approach the jurisdictional court and file appropriate application for renewal of the passport. 4. an ' (1978) 1 see 248 ^2013(15) see 570 5 JS,J WP.No.18334 of 2025 5. As evident from the material available on record, the Police filed a charge sheet in Crime No.77 of 2020, which was numbered as CC.No.140 of 2020, and in Crime No.112 of 2020, which was numbered as CC.No.526 of 2022, before the learned Judicial First Class Magistrate, Mydukur. Regarding the other one crime i.e.. Crime No.3 of 2020, it is still at the FIR stage. The law presumes an accused to be innocent until his guilt is proven. As a presumed innocent person, the petitioner is entitled to all fundamental rights, including the right to liberty guaranteed under Article 21 of the Constitution of India. 6. Given the facts and circumstances of the case and the law laid down by the Hon’ble Apex Court, the Writ Petition is disposed of directing the petitioner to approach the Court of the learned Judicial First Class Magistrate, Mydukur, and make an application. Upon making such an application, the jurisdictional Court shall pass an appropriate order specifying the period, taking into account Rule 12 of the Rules. nd 7. In respect of one other crime, i.e., FIR No. 3 of 2020, the 2 respondent shall renew/re-issue the passport of the petitioner, in pursuance of the orders passed by the jurisdictional Court in CC.No.140 of 2020 and CC.No.526 of 2022, without reference to the above crime. If the petitioner intends to go Abroad, he shall necessarily get 6 JS,J WP.No.18334 of 2025 permission from the jurisdictionai Court. The petitioner shaii not misuse the travel document. No order as to costs. sequel, miscellaneous applications pending, if any, shall As a stand closed. Sd/- U.SRI DEVI ASSISTANT RE(^ISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Ministry of External Affairs, Union of India, New Delhi. 2. The Regional Passport Officer, Office at Floor, Stalin Central, Door 27-37-158, Governorpet, MG Road, Vijayawada, NTR District, Andhra Pradesh. 3. The Station House Officer, Chapadu Police Station, YSR Kadapa District, Andhra Pradesh. 4. One CO to SRI. V SAl KUMAR, Advocate [OPUC] 5. One CO to SRI. K.Sreedhar Murthy, Senior Panal Counsel For Central Government [OPUC] 6. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 7. Three CD Copies No. PRK HIGH COURT DATED:18/08/2025 ORDER WP NO. 18334 OF 2025 I 15 SEP 2025 Sj ^ , Current Section . X^SPATCI^*^' DISPOSING OF THE WP, WITHOUT COSTS