A APHC010444552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) :p FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 22628 OF 2025 Between: C Giridhar, S/o C. Krishna Murthy, Age.56 years, Occ. Assistant Grade-I (Under Suspension), Tadipatri, A.P. Civil Supplies Corporation Limited, Tadipatri, Ananthapuram District. ...Petitioner AND 1. The Union of India, Ministry of External Affairs, Rep. by its Secretary, New Delhi 2. The Regional Passport Office, Rep. by its Regional Passport Officer, Tirupathi, Sri Balaji District, erstwhile Chittoor District 3. The Regional Passport Office, Rep. by its Regional Passport Officer, Vijayawada, Krishna District 4. The Station House Officer, Koilakuntia Police Station, Kurnool 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 especially one in the nature of Writ of Mandamus declaring that a. the action of the Respondents in not issuing the passport to the Petitioner on the ground of pendency of criminal case registered against the Petitioner and police verification report is not clear is not only illegal but also arbitrary, violating Article 14 and 21 of Constitution of India, b. further declare that the Respondents shall forthwith issue passport to the Petitioner in pursuance of the application Ref.No.(ARN) 25-1002823875, dated 06.03.2025 and File NO.VJF067507528925 without reference to criminal case pending against the Petitioner in Cr.No.l98 of 2020 which was numbered as C.C.No.105 of 2022 on the file of J.F.C.M. Koilakuntla. r 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 direct the Respondents to forthwith issue passport to the Petitioner in pursuance of the application dated 06.03.2025 vide File NO.VJF067507528925, pending disposal of the Writ Petition Counsel for the Petitioner: SRI SALIKITI KARUNAKAR Counsel for the Respondents: ADDITIONAL SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.4: GP FOR HOME The Court made the following order: APHC010444552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 22628/2025 Between: 1.0 GIRIDHAR, S/O C.KRISHNAMURTHY, AGE.56 YEARS, OCC. ASSISTANT GRADE-I (UNDER SUSPENSION), TADIPATRI, A.P. CIVIL SUPPLIES CORPORATION LIMITED, ANANTHAPURAM DISTRICT. TADIPATRI, ...PETITIONER AND 1 .THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS SECRETARY, NEW DELHI 2.THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL TIRUPATHI, SRI BALAJI DISTRICT, PASSPORT OFFICER, ERSTWHILE CHITTOOR DISTRICT 3.THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, VIJAYAWADA, KRISHNA DISTRICT 4.THE STATION HOUSE OFFICER, KOILAKUNTLA POLICE STATION KURNOOL DISTRICT ...RESPONDENT(S): Petition under Artic'e 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 order or direction especially one in the nature of Writ of Mandamus declaring that the action of the Respondents in not issuing the passport to the Petitioner on the ground of pendency of criminal case registered against the Petitioner and police verification report is 2 JS,J W.P.No.22628 of 2025 not clear is not only illegal but also arbitrary, violating Article 14 and 21 of Constitution of India, a) b) further declare that the Respondents shall forthwith issue passport to the Petitioner in pursuance of the application Ref.No.(ARN) NO.VJF067507528925 without reference to criminal case pending against the Petitioner in Cr.No.l98 of 2020 which was numbered as C.C.No.105 of 2022 on the file of J.F.C.M. Koilakuntla. c) and pass File dated 06.03.2025 and 25-1002823875, 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 pleased to direct the Respondents to forthwith issue passport to the Petitioner in pursuance of the application dated 06.03.2025 NO.VJF067507528925, pending disposal of the Writ Petition and pass Counsel for the Petitioner: vide File 1.SAL1KITI KARUNAKAR Counsel for the Respondent(S): 1.GP FOR HOME 2. The Court made the following: i 3 JS,J W.P.No.22628 of 2025 ORDER: The present writ petition is filed under Article 226 of Constitution of India seeking the following reliefs: “...to issue a writ order or direction especially one in the nature of Writ of Mandamus declaring that: a. the action of the respondents in not Issuing the passport to the petitioner on the ground of pendency of criminal case registered against the petitioner and police verification report is not clear is not only illegal but also arbitrary, violating Articles 14 and 21 of the Constitution of India, b. further declare that the respondents shall forthwith issue passport to the petitioner in pursuance of the application RefNo.(ARN) 25-1002823875, dated 06.03.2025 and File NO.VJF067507528925 without reference to criminal case pending against the petitioner in Crime No.198 of 2020 which was numbered as C.C.No.105 of 2022 on the file of JFCM Koilakuntla. c. and pass such other or orders as this... ” 2. The petitioner was appointed as Junior Assistant Grade-Ill in the Andhra Pradesh Civil Supplies Corporation Limited on 13.03.1986. He applied for a passport online, with Application Reference No. 25-1002823875, on 24.03.2025. However, the 2"^^ respondent has not issued the petitioner's passport, citing an adverse police verification report against him. J .4 JS, J W.P.No.22628 of 2025 , 3. Learned counsel for the petitioner submits that the mere pendency of a criminal case is not a valid ground to deny the issuance of a passport and relies on the fcllo\A/ing decisions of the Hon’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 possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. ii) In Sumit Mehta v. State of NOT ofDelhi^, it is held 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.” 4. On the other hand, learned Assistant Government Pleader for Home, appearing for the respondent,submits that the learned Judicial First Class Magistrate, Koilakuntia, took cognizance of the case in C.C.No.105 of 2022 and posted the matter to 19.09.2025 for issuance of summons to the witnesses. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the petitioner to approach the learned Judicial First Class Magistrate, Koilakuntia, and file an application. Upon filing such an 5. ^1978) 1 see 248 ^2013(15) see 570 5 JS,J W.P.No.22628 of 2025 application, the jurisdictional Court shall pass an appropriate order, specifying the period, considering Rule 12 of the Passport Rules, 1980. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand Sd/- K TATA RAO DEPUTY REGISTRAR lO^FFICER closed. //true copy// SE To External Affairs, New Delhi Passport Office, Tirupathi, Sri Passport Office, Vijayawada, of India, Ministry of The Secretary, Union , Regional Passport Officer, Regional Balaji District, erstwhile Chittoor District Passport Officer, Regional 1. 2. The 3. The Regional Krishna District ct^tinn 4, The Stafion House “locate [OPUC] of Andhra Pradesh [OUT] general OF INDIA, High Court Kurnool District 5. One CC to SRI SALIKITI GP FOR HOME High Court 6. Two CCS to 7. OheCCto of Andhra Pradesh additional solicitor 8. Two CD Copies gsg / HIGH COURT DATED: 29/08/2025 ORDER WP NO. 22628 OF 2025 SI 12 SEP 2025 Oi ^NCun^ntSectigoxv^ '-■^ssmss^^ DISPOSING THE WP WITHOUT COSTS