APHC010397682025 IN THE HIGH COURT OF ANDHRA PRADESH , AT AMARAVATI (Special Original Jurisdiction) 0S MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20438 OF 2025 Between: Sal Prasad Alam, S/o. Venu Naidu age 35 years Chinnarajukuppam Village, Putttur Mandal, Tirupathi District. R/o. 11-4B ...Petitioner AND 1. Union of India, Rep. by Secretary to Government of India, Ministry of External Affairs, South Block, New Delhi. 2. Regional Passport Officer, Ministry of External Affairs, Government of India, At Regional Passport Office, 4th floor, Stalin Central, D.No. 27- 37-158, Governorpet, M.G. Road, Vijayawada. 3. The Superintendent of Police, Chittoor District at Chittoor. ...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 Respondent No 2 in not considering the passport renewal application of the Petitioner vide Application N0.VJI077535267325 dated 04-04-2025 due to 1 pending case in CC No. 352/2023 on the file of the Hon'ble Junior Civil Judges Court, Nagari of Chittoor District as highly illegal arbitrary unjust contrary to law and against the principles of natural justice and in violation of Article 14, 19, 21 and 300A of the Constitution of India and also against The Passports Act 1967 and Rules therein and consequently direct the Respondent No 2 to renew the passport of the Petitioner vide Passport No. M7919937. IA NQs^I Of 2025 Petition under Section 151 CPC praying that in the circumstances stated ' irr the" affidavit filed in support of the writ petition, the High Court may be pleased to directing the Respondent No. 2 to consider the passport renewal application of the Petitioner vide Application No. VJ1077535267325 dated 04-04-2025 for renewal of passport No. M7919937 to the Petitioner. Counsel for the Petitioner: SRI SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent Nos.1 & 2 : SRI THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT Counsel for the Respondent No.3 : GP FOR HOME The Court made the following order: APHC010397682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 20438/2025 Between: 1.SAI PRASAD ALAM, S/0. VENU NAIDU, AGE 35 YEARS, R/0. 11-4B CHINNARAJUKUPPAM VILLAGE, PUTTTUR MANDAL, TIRUPATHI DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, REP. BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 2. REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, AT REGIONAL PASSPORT OFFICE, 4 GOVERNORPET, M.G. ROAD, VIJAYAWADA. 3.THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT AT CHITTOOR. TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, ...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 Respondent No 2 in not considering the passport renewal application of the Petitioner vide Application N0.VJI077535267325 dated 04-04-2025 due to 1 pending case in CC No. 352/2023 on the file of the Hon'ble Junior Civil Judges Court, Nagari of 2 JS,J W.P.No.20438/2025 Chittoor District as highly illegal arbitrary unjust contrary to law and against the principles of natural justice and in violation of Article 14, 19, 21 and 300A of the Constitution of India and also against The Passports Act 1967 and Rules therein and consequently direct the Respondent No 2 to renew the passport of the Petitioner vide Passport No. M7919937 and pass 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 directing the Respondent No. 2 to consider the passport renewal application of the Petitioner vide Application No.VJ 1077535267325 dated 04-04-2025 for renewal of passport No.M7919937 to the Petitioner and pass Counsel for the Petitioner: 1.SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent(S): 1.THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2.GP FOR HOME 3 JS,J W.P.No.20438/2025 The Court made the following ORDER: The present writ petition is filed under Article 226 of the 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 respondent No.2 in not considering the passport renewal application of the Petitioner vide Application No. VJ1077535267325 dated 04.04.2025 due to 1 pending case in C.C.No.352/2023 on the file of the Hon’ble Junior Civil Judges Court, Nagari of Chittoor District as highly illegal, arbitrary, unjust, contrary to law and against the principles of natural justice and in violation of Article 14, 19, 21 and 300A of the Constitution of India and also against the Passports Act, 1967 and Rules therein and consequently direct the respondent No.2 to renew the passport of the petitioner vide Passport No.M7919937 and pass such other orders or order...” 2. The petitioner's case, in brief, is that he was initially issued a passport bearing No.M7919937, dated 31.03.2015, for ten years, which expired on 30.03.2025. He submitted an application for renewal of his passport on 04.04.2025 vide file No.VJI077535267325. The 2"^^ respondent vide letter, dated 16.07.2025, has called for an explanation regarding clearance of criminal cases filed against the petitioner i.e., F.I.R.No.56 of 2023 on the file of Vijayapuram Police Station, Chittoor District, wherein charge sheet was filed and the matter was taken on file as C.C.No.352 of 2023 on the file of the learned Judicial Magistrate of First Class, Nagari, Chittoor District. • Learned counsel for the petitioner submits that mere pendency of a criminal case is not a ground to deny reissuance of a passport, and relied on the following decisions of the Hon’ble Apex Court: 3. 4 JS,J W.P.No.20438/2025 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 possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. In Vangala Kasturi Rangacharyuiu v. Centrai Bureau of investigation^, the Hon’ble Apex Court held that the passport authority cannot refuse renewal of the passport on the ground of pendency of a criminal appeal and directed the passport authority to renew the passport. 4. Learned Assistant Government Pleader for Home appearing on behalf of respondent No.3 submits that the learned Judicial Magistrate of First Class, Nagari, Chittoor District, took cognizance of the case in C.C.No.352 of 2023 and posted the matter to 25.09.2025. The petitioner has to approach the jurisdictional Court and make an application for renewal of passport. ii) 5. As evident from the material available on record, the Police filed a charge sheet in Crime No. 56 of 2023 which was numbered as C.C.No.352 of 2023 and the matter was scheduled for Summons on 25.09.2025 before the learned Judicial Magistrate of First Class, Nagari. 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 ^(1978) 1 see 248 ^2021 see Online Se 3549 5 JS.J W.P.Nc).20438/2025 to approach the Court of the learned Judicial and make an application for application, the jurisdictional Court the period, taking into account Rule Magistrate of First Class. Nagari such an renewal of his passport. Upon making shall pass an appropriate order specifying 12 of the Rules. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand Sd/-B.PRASADA RAO ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Secretary to Government of India. Ministry of External Affairs Union of India, South Block, New Delhi. 2. The Regional Passport Officer, Ministry of External Affairs, Government 4‘^ floor, Stalin Central of India, At Regional Passport Office, 27-37-158, Governorpet, M.G. D.No. Road, Vijayawada. 3. The Superintendent of Police. Chittoor District at Chittoor. 4. One CC to Sri Siva Nagarjuna Sidhadapu 5. One CC to Sri Thenepalli Niranjan [OPUC] Advocate [OPUC] , SC for Central. Govt. Counsel 6. Two CCs to GP for Home, 7. Two CD Copies High Court of Andhra Pradesh [OUT] Cnr HIGH COURT DATED:01/09/2025 ORDER WP NO. 20438 OF 2025 DISPOSING THE W.P. WITHOUT COSTS