APHC010374672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) r- '' 0^ WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM - WRIT PETITION No: 19102 OF 2025 Between: Vasa Manikanta KoWshik, S/o. Vasa Bala Venkata Rama Krishna, Aged about 32 years, R/o.9-5-23, Yerabolu Street, Savithrupet, Tadepalligudem, West Godavari- 534102. ...PETITIONER AND 1. The Union of India, Ministry of External Affairs, Represented by its Principal Secretary South Block, New Delhi-110 001. 2. The Regional Passport Officer, Visakhapatnam, Andhra Pradesh. 3. The Tadepalligudem Rural P.S, West Godavari District, Rep by its Station House Officer. ...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, Order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 2"^^ Respondent in not renewing the passport of the Petitioner citing pendency of Crime.No.226 of 2024 dated 09.10.2024 on the file of Tadepalligudem Rural P.S, West Godavari District, Andhra Pradesh as being illegal, arbitrary and contrary to the provisions of the Passport Act, 1967 and the Passport Rules, 1980 and also in violation of Article 21 of the Constitution of India and Consequently direct the 2 “ Respondent to renew the passport of the Petitioner and further direct the Respondent No.2 herein to permit the petitioner to travei abroad lA No: 1 OF 7n9ti 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 the application of the Petitioner renewal of his passport without reference 09.10.2024 on the file of Tadepalligudem Andhra Pradesh. Counsel for the Petitioner: for to Crime.No.226 of 2024 dated Rural P.S, West Godavari District SRI AJAY KUMAR KANAPARTHI Counsel for the Respondent Nos.1 & 2: SRI B.SURYANARAYANA, CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent No.3: The Court made the following order: GP FOR HOME % APHC010374672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 19102/2025 Between: 1.VASA MANIKANTA KOWSHIK, S/0 VASA BALA VENKATA RAMA KRISHNA, AGED ABOUT 32 YEARS, R/0 9-5-23, YERABOLU STREET, SAVITHRUPET, TADEPALLIGUDEM, and WEST GODAVARI-534102. ...PETITIONER AND 1.THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REPRESENTED BY ITS PRINCIPAL SECRETARY SOUTH BLOCK, NEW DELHI-110 001. 2.THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM, ANDHRA PRADESH. 3.THE TADEPALLIGUDEM RURAL P S, WEST GODAVARI DISTRICT, REP BY ITS STATION HOUSE OFFICER ...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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2'^'^ Respondent in not renewing the passport of the Petitioner citing pendency of Crime.No.226 of 2024 dated 09.10.2024 on the file of Tadepalligudem Rural P.S, West Godavari District, Andhra Pradesh as being illegal, arbitrary and contrary to the provisions of the Passport Act, 1967 and the Passport Rules, 1980 and 2 JS,J ^ W.P.No. 19102/2025 di'"cr,hr2"‘'Reslnf Consequently lA NO: 1 OF 907^1 in lhe?ffldrvi,TeH' -^-^-stances stated direc" te r^ IZZ’^,T to ron I f u- to consider the application of the Petitioner iTmpI to Crime. No.226 of 2024 dated and for pass Counsel for the Petitioner: 1.AJAY KUMAR KANAPARTHI Counsel for the Respondent{S): 1.GP FOR HOME 2.B SURYANARAYANA The Court made the following 3 JS,J r W.P.No. 19102/2025 ORDER; The present writ petition is filed under Article 226 of Constitution of India seeking the following relief: “to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2 Respondent in not renewing the passport of the Petitioner citing pendency of Crime.No.226 of 2024 dated 09.10.2024 on the file of Tadepalligudem Rural P.S, West Godavari District, Andhra Pradesh as being illegal, arbitrary and contrary to the provisions of the Passport Act, 1967 and the Passport Rules, 1980 and also in violation of Article 21 of the Constitution of India and Conseguently direct the 2"'^ Respondent to renew the passport of the Petitioner and further direct the Respondent No. 2 herein to permit the petitioner to travel abroad and pass" The 2"^^ respondent has issued passport to the petitioner on 14.12.2015 which will be expired on 13.12.2025. The petitioner has made an application vide No.25-1057003451 for renewal, of his passport for a period of ten years. On the complaint given by one Tadikamalla Venkateswararao, a crime was registered against the petitioner vide F.I.R.No.226 of 2024 for the offences punishable under Sections 318(4) read with 3(5) of Bharatiya Nyaya Sanhitha, 2023 (BNS) and 7(1) of Essential Commodities Act, 1955. The 2 respondent has not taken any action for renewal of the passport under the pretext that FIR is pending against the petitioner. nd 2. nd 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 Flon’ble Apex Court: i) In Maneka Gandhi v. Union of lndia\ it is observed that the right to travel Abroad is a part of personal liberty and the right to (1978) 1 see 248 4 JS,J W.P.No.19102/2025 possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. In Sumit Mehta v. State of NCT of Delhi\ it is held as >i) 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.” 4. On the other hand, learned Assistant Government Pleader for Home appearing for the 3'^^ respondents submits that the crime is still in the FIR stage. 5. 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 2"'^ respondent to renew the passport of the petitioner pursuant to his application, dated 20.07.2025, vide File No.25- 1057003451, without reference to Crime No.226 of 2024. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ^2013(15) see 57U Sd/- A VIJAYA BABU ASSISTANT REGISTRAR SE^TOJ^FFICER //true copy// To, The Principal Secretary, Upion of India, Ministry of External Affairs, South Block, New Delhi-110 001. ^ . u Regional Passport Officer, VIsakhapatnam, Andhra Prades . Officer, Tadepalllgndent Rural (P.S), West Godavari 2. The 3. The Station House District. , 4. One CC to Sri Ajay Kumar 5. One CC to Sri B.Suryanarayana CCS to GP for Home, High Kanaparthi, Advocate [OPUC] Central Government Counsel. [OPUCj Court of Andhra Pradesh. [OUT] 6^. Two 7. Two CD Copies. HIGH COURT DATED: 13/08/2025 S 2 2 AUG 2025 Current Socuon ' ORDER WP No. 19102 OF 2025 W DISPOSING THE WRIT PETITION WITHOUT COSTS