IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 455 OF 2025 Between: Guduri Dheeraj Kumar, S/o.Jagadeesh Kumar, Aged about 30 years, Occ; Software Engineer at USA, Presently residing at 22050, Eastside Drive, Apt 425, Ashbum, Virginia, 20147, USA. Local Address PCR Pride Building, 0pp. St.Mary School, PP Road, Bhimavarm, West Godavari District. ...PETITIONER AND 1. The Union of India, Rep., by its Secretary, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India. 2. The Chief Passport Officer, Ministry of External Affairs Room No. 8, Patiala House, Tilak Marg, New Delhi - 110001. 3. The Regional Passport Office Bengaluru, 8th Block, Koramangala, Bengaluru, Karnataka. 4. The Regional Passport Office Visakhapatnam, Marripalem, Vudalayout NDA Post, Near PF Office Road, Beside RYTHU Bazar, Visakhapatnam, Andhra Pradesh, 530009. 5. The Station House Officer, Disha Women Police Station, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction in the nature of a writ, more particularly a writ of mandamus to direct the respondent no. 2 to 4 not to revoke my passport bearing no.Z7590288 which was renewed from 12/11/2024 to 11/11/2034 due to pendency of criminal case C.C. No. 1227 of 2022 on the file of I Addl. Chief Metropolitan Magistrate, Visakhapatnam and also in the eve of petitioner's marriage going to be held on 20-02-2025 at The Address Convention Hall, Manchirevula, Narsingi, Hyderabad in the interest of justice. 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 re respondent no. 2 to 4 not to revoke my passport bearing no.Z7590288 which was renewed from 12/11/2024 to 11/11/2034 due to pendency of criminal case C.C. No. 1227 of 2022 on the file of I Addl. Chief Metropolitan Magistrate, Visakhapatnam and also in the eve of petitioner’s marriage going to be held on 20-02-2025 at The Address Convention Hall, Manchirevula, Narstngi, Hyderabad in the interest of justice. Counsel for the Petitioner: SRI VENKATESWARLU SANISETTY Counsel for the Respondent Nos. 1 to 4: SRI A RAVINDRA BABU (CENTRAL GOVT COUNSEL) Counsel for the Respondent No.5: GP FOR HOME The Court made the following: ORDER 1 APHC010005202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 455/2025 Between: ...PETITIONER Guduri Dheeraj Kumar AND ...RESPONDENT(S) The Union Of India and Others Counsel for the Petitioner: 1.VENKATESWARLU SANISETTY Counsel for the Respondent(S): 1.A RAVINDRA BABU (CENTRAL GOVT COUNSEL) The Court made the following: 2 The Court made the following: This writ petition is filed claiming the following relief: 1. “To issue writ of Mandamus to direct Respondent Nos.2 to 4 not to revoke passport bearing No.Z7590288 which was renewed from 12.11.2024 to 11.11.2034 due to pendency of criminal case C.C.No.1227 of 2022 on the file of I Addl. Chief Metropolitan Magistrate, Visakhapatnam and also in the eve of petitioner’s marriage going to be held on 20.02.2025 at the Address Convention Hall, Manchirevula, Narsingi, Hyderabad The petitioner is a passport holder bearing passport No.Z7590288 which was renewed from 12.11.2024 to 11.11.2034. After renewal, the police had come for enquiry and verification since the petitioner was involved in criminal-case i.e., C.C.No.1227 of 2022 before the I Additional Chief Metropolitan Magistrate, Visakhapatnam. The present writ petition is filed apprehending revocation of the petitioner’s passport by the respondent authorities. 2. Learned counsel for the petitioner submits that even though the charge sheet is filed against the petitioner, the same is not numbered and the C.C. number is awaited. As such. Section 6 or Section 10 of the Passports Act, 3. 1967 will not apply to the petitioner in the present case. 3 4. Learned counsel for the petitioner by this Court in Sannareddy Sudheer Kumar others^ also relied upon the judgment vs. The Union of India and rendered 5. Learned Standing Counsel for the Respondents placed written instructions was involved in a crime case i.e. wherein it is stated that the petitioner C.C.No.1227 of 2022 before the Visakhapatnam. Further it i about the crime Additional Chief Metropolitan Magistrate is stated that the petitioner deliberately suppressed case. Learned Standing Counsel for the Respondents upon a judgment rendered by this Court in Kadar Valll Shalk Ministry of External Affairs, New Delhi also relied vs. Union of India, and others^. 6. Heard the learned counsel for the for the respondents and also perused the petitioner, the learned Standing Counsel material placed on record. 7. It appears that the respondents herein is involved i suppressing the same. But, the fact are under the premise that the petitioner in a serious criminal case and he applied for passport by remains that the said crime and pending for trial as C.C.No.1227 of 2022 before the Metropolitan Magistrate, Visakhapatnam. was registered I Additional Chief 8. For more understanding. Section 6(2) extracted hereunder of the Passports Act, 1967 iIS ' W.P.No.22049 of 2022, dated 26.09.2022 2023 (3) ALD 213 (AP) “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 on no other ground, (a)that the applicant is not a citizen of India; (b)that the namely: applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India; (c)that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d)that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; (e)that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (f)that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g)that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h)that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation (i)that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest. The issue of renewal and issuing of passport is regulated by the Passport Act, 1967. Section 6(2) of the act, extracted above is relevant for this purpose. 9. 5 10. It is further observed that holding a passport and freedom to go abroad has much social value and represents the basic human right of great significance. In Narige Ravindranath vs. The Union of India and others^, the Higher Court for the State of Telangana held as follows: 11. 6. The Apex Court in the judgment reported in 2013 (15) SCC page 570 in Sumit Mehta v State of NCT of Delhi at para 13 observed as under: ‘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." 1. The Division Bench of the Apex Court in its Judgment dated 09.04.2019 reported in LAWS 2019(2) SCC online SC 2048 in Satish Chandra Verma v Union of India (UOI) and others at para 4 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. ^ W.P.No.25141 of 2023, dafed 03.10.2023 6 Taking into consideration, the facts and circumstances of the case and the law laid down by the Hon’ble Apex Court as well as this Court, the present Writ Petition is allowed. 12. 13. Further the respondents are directed not to revoke/withhold the passport of the petitioner. This order shall not preclude the Respondents from taking such steps as are necessary to ensure the presence of the petitioner for any other purposes. There shall be no order as to costs. 14. Consequently, miscellaneous applications pending if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Secretary, Union of India, Ministry of External Affairs, South Block, Secretariat, Raisina Hill, New Delhi, India. 2. The Chief Passport Officer, Ministry of External Affairs Room No. 8, Patiala House, Tilak Marg, New Delhi - 110001. 3. The Regional Passport Office Bengaluru, 8th Block, Koramangala, Bengaluru, Karnataka. 4. The Regional Passport Office Visakhapatnam, Marripalem, Vudalayout NDA Post, Near PF Office Road, Beside Rythu Bazar, Visakhapatnam, Andhra Pradesh, 530009. 5. The Station House Officer, Disha Women Police Station, Visakhapatnam. 6. One CC to Sri Venkateswarlu Sanisetty Advocate [OPUC] 7. One CC to Sri A Ravindra Babu (Central Govt Counsel) Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:24/01/2025 ORDER WP.No.455 of 2025 0 5 FEB 2025 | ^ . Currant Section p at C ja: ■VO ALLOWING THE W.P. WITHOUT COSTS