APHC010397182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .V TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20439 OF 2025 Between: Danda Nagendra Kumar, S/o. Satyanarayana, Aged about 35 R/o.H.No.1-77, Dharanikota Village, Amaravathi Mandal, Guntur District. years, ...PETITIONER AND 1. The Union of India, Ministry of External Affairs, Rep. by its Secretary, New Delhi. 2. The Regional Passport Officer, Regional Passport Office, 4 th Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G.Road, Vijayawada - 520 002. 3. The Station House Officer, Amaravathi Police Station, Palnadu District. 4. The Station House Officer, Arundelpet Police Station, Palnadu District. ...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"^ Respondents in not issuing the Passport of the Petitioner bearing No.M5020365 in pursuance of my application for renewal/reissuing of passport VJ2076985716524, dated 01.10.2024 on the ground to produce the Case vide file No. r f / • Clearance Letter as illegal, arbitrary, unjust, unreasonable Articles 14, 19 and 21 of the Constitution of India and Respondents to renew/re-issue the same forthwith without insisting upon him to produce Case Clearance Letter. lA NO: 1 OF 202^ Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to reissue the passport bearing No.M5020365 of the Petitioner vide file No.VJ2076985716524, dated 01.10.2024 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI KRISHNA SAI K Counsel for the Respondent Nos.1 & 2: SRI JOSYULA BHASKARA CENTRAL GOVT. COUNSEL Counsel for the Respondent Nos.3 & 4: GP FOR HOME The Court made the following order: and violative of consequently direct the praying that in the circumstances stated RAO, APHC010397182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice SUMATHI JAGADAM WRIT PETITION NO: 20439/2025 Between: 1.DANDA NAGENDRA KUMAR, S/0. SATYANARAYANA, about 35 YEARS, R/O.H.NO.1-77 AMARAVATHI MANDAL, GUNTUR DISTRICT. AGED DHARANIKOTA VILLAGE, ...PETITIONER AND 1.THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS SECRETARY, NEW DELHI. 2.THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT FLOOR, STALIN CENTRAL, D.NO.27-37-158, 4TH OFFICE, GOVERNORPET, M.G.ROAD, VIJAYAWADA - 520 002. 3.THE STATION HOUSE OFFICER, AMARAVATHI POLICE STATION, PALNADU DISTRICT. 4.THE STATION HOUSE OFFICER, ARUNDELPET POLICE STATION, PALNADU DISTRICT. ...RESPONDENT(S): JS,J W.p. No.20439 of2025 Petition under Article P9R fu ^ VDnyTr ^PP"<=3«°n for renewafeir®'’ No.M5020365 i VJ2076985716524, dated 01.10 2024 onThf «de file No Clearance Letter as illeqal arhitr= ^ 3’'°^"'’ *° Produce the ra« Artictes14,19aod2lX:::t«^^^^ e Respondents to renew/re-lssue the .= ^ consequently direct PPon h,m to produce Case Cea^:; Led^td \ in lAisJOMOF2025 Petition under Section stated in the affidavit filed Pleased to direct NO.M5020365 of 01.10.2024 151 CPC praying that in the ci in support of the petition, the P ,^®®P°PP®P‘c ot reissue the the Petitioner vide file No pending disposal of the Writ Counsel for the Petitioner: circumstances may be bearing p .... ^'^2076985716524, dated Petition and pass the High Court 1-KRISHNA SAI K Counsel for the Respondent(S): 1.JOSYULA BHASKARA PAO (SR. SC FOR CBIC) This Court made the following: 3 JS,J W.P. No. 20439 of2025 ORDER: Heard Sri K. Sai Krishna, learned counsel for the petitioner, and Sri Josyula Bhasker, learned Senior Standing Counsel, appearing on behalf of the respondents and perused the material available on record. The petitioner's case, in brief, is that he was initially issued a 2. passport bearing No. M5020365, dated 05.01.2015, for ten years, which expired on 04.01.2025. He submitted an application for renewal of his passport on 01.10.2024 vide file No.VJ2076985716524. The 2 respondent vide reference No.OBJ/319658255/24 dated 04.10.2025 has nd called for an explanation regarding clearance of criminal cases filed against the petitioner i.e., F.I.R.Nos.202 of 2024 and 240 of 2024 on the file of respondent Nos.2 and 3 respectively, and another F.I.R.No.95 of 2023 on the file of the 3'^'^ respondent wherein charge sheet is filed and the matter was taken on file as C.C.No.145 of 2024 on the file of the Court of the II Additional Junior Civil Judge, Sattenapalli, Guntur District. Learned counsel for the petitioner submits that mere pendency of 3. 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 W.P. No.20439 of2025 i) In Maneka Gandhi v. Union of lndia\ it / right to travel Abroad is to possess a passport etc., and not on the subjective satisfaction of In Sumit Mehta 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. ” IS observed that the a part of personal liberty and the right can only be curtailed following law anyone. State of NOT of Delhi\ it is held as ii) 4. Learned Senior Standing Counsel respondents submits that the learned Sattenapalli, Guntur District, took 2024 and posted the matter to 21.08.2025 appearing on behalf of the II Additional Junior Civil Judge, cognizance of the case in C.C. No. 145 of The investigation in the other two other crimes is pending, therefore, the petitioner has to approach the jurisdictional Court and make an application. '(1978) 1 see 248 ^2013(15) see 570 5 JS,J W.P. No.20439 of2025 As evident from the material available on record, the Police filed a 5. charge sheet in Crime No. 95 of 2023 which was numbered as C.C.No.145 of 2024 and the matter was scheduled for 21.08.2025 before the learned II Additional Junior Civil Judge, Sattenapalli. Regarding the other two crimes, Crime Nos. 202 of 2024 and 240 of 2024, they are still in 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. I j \ 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 II Additional Junior Civil Judge, Sattenapalli 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. 6. In respect of two other crimes, i.e., FIR Nos. 202 of 2024 and 240 of nd 2024, the 2 respondent shall renew/re-issue the passport of the petitioner, in pursuance of the order passed by the jurisdictional Court in C.C. No. 145 of 2024, without reference to the above two crimes. If the 6 JS,J W.P. No.20439 of2025 petitioner intends to go Abroad, he shall necessarily get permission from the jurisdictional Court. The petitioner shall not misuse the travel document. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR / //TRUE COPY// OFFICER SEi To, 1. The Secretary, Ministry of External Affairs, Union of India , New Delhi. Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G.Road, Vijayawada - 520 002. 2. The Regional Passport Officer, Regional Passport Office, 4 th 3. The Station House Officer, Amaravathi Police Station 4. The Station House Officer, Arundelpet Police Station, Palnadu 5. One CC to Sri Krishna Sai K, Advocate [OPUC] 6. One CC to Sri Josyula Bhaskara Rao, Central Govt. Counsel [OPUC] 7. Two CC’s to GP for Home, High Court of A.P. 8. Two CD Copies. Palnadu District. District. at Amaravati[OUT] ssb HIGH COURT DATED:12/08/2025 ORDER WP No.20439 OF 2025 M 2 2 AUG 2025 a Currant $«ciion . ^ DISPOSING OF THE W.P. WITHOUT COSTS