APHC010445952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23037/2025 Between: 1. KADAVAKOLLU NARASIMHA RAO, S/O. TATAIAH, AGED ABOUT 62 YEARS, R/O. D.NO 4-103, AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AND EXTERNAL AFFAIRS, MHA NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, O/O.REGIONAL PASSPORT OFFICE, BOTCHA SQUARE, MURALI NAGAR, VISAKHAPATNAM. 3. THE STATION HOUSE OFFICER, NAGAYALANKA POLICE STATION, NAGAYALANKA MANDAL, KRISHNA DISTRICT. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly 2ndrespondent keep it pending the application no 25- 1057654973 for renewal of petitioner passport under the guise of even after filing of referred memo by the 3rd respondent along with charge sheet stating that no offence was proved against the petitioner as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and pendency of the 2 JS,J W.P.No.23037/2025 F.I.R in Crime No. 66/2023 consequently direct the 2ndrespondent to renewal of passport in furtherance of application vide No. 25-1057654973 made by the petitioner and pass IA 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 2ndrespondent to consider the petitioner’s application vide No. 25- 1057654973 for renewal of passport bearing No.N 6470271 without reference to crime No.66/2023 on the file of 3rdrespondent which a memo already filed along with charge sheet referred as not proved, pending disposal of the above writ petition in this Hon’ble Court and pass Counsel for the Petitioner: 1. GHANTASALA UDAYA BHASKAR Counsel for the Respondent(S): 1. GP FOR HOME 2. 3 JS,J W.P.No.23037/2025 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly 2nd respondent keep it pending the application no 25- 1057654973 for renewal of petitioner passport under the guise of even after filing of referred memo by the 3rd respondent along with charge sheet stating that no offence was proved against the petitioner as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and pendency of the F.I.R in Crime No. 66/2023 consequently direct the 2nd respondent to renewal of passport in furtherance of application vide No. 25-1057654973 made by the petitioner and pass…” 2. The petitioner, a businessman and permanent resident of Avanigadda town, holds a passport No.N6470271, which is valid up to 22.2.2026. He applied for renewal of his passport vide file No. 25-1057654973, on 27.7.2025. However, the application remains pending due to a case against the petitioner in Crime No. 66 of 2023 on the file of the Nagayalanka Police Station, Krishna District. 3. Learned counsel for the petitioner submits that the crime is politically motivated and that the petitioner was falsely implicated in the crime. Learned counsel relies on Para No.5 of the judgment of the Hon’ble Supreme Court in Satish Chandra Verma v. Union of India,1 wherein it was held 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 12019 SCC OnLine (SC) 2048 4 JS,J W.P.No.23037/2025 can be affected through refusal of freedom to go abroad and this freedom is a genuine human right." 4. On the other hand, the learned Assistant Government Pleader for Home, on instructions, submits that the charge sheet was filed, removing the name of the petitioner. The learned Additional Judicial Magistrate of First Class, Avanigadda, issued CF No.3038 of 2023, dated 18.08.2023; however, the charge sheet was not considered, and issued notice to the complainant. 5. Since no adverse reports are pending against the petitioner and the petitioner’s name was removed from the crime, it is open for the passport authorities to take an appropriate decision regarding the renewal of the passport. 6. In view of the above, the Writ Petition is disposed of, directing the respondents to renew or re-issue the passport of the petitioner forthwith without reference to Crime No.66 of 2023. No order as to costs. Miscellaneous petitions, if any, pending in this appeal shall stand closed. ________________________________ JUSTICE SUMATHI JAGADAM Dated:09.09.2025 KAS