APHC010450482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23138/2024 Between: Nandi Hari Surya Prakash ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PUVVALA SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. The Court made the following: ORDER Heard Sri Puvvala Srinivasa Rao, learned counsel for the petitioner; Sri O. Uday Kumar, learned standing counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for Home, for respondent No. 3. 2. This writ petition is filed to declare the action of respondent No.2 in refusing to renew the petitioner’s passport, in pursuance of application No.VSA076895057124 is illegal and arbitrary. Page 2 of 4 3. Since the period of the passport expired, the petitioner applied for renewal/reissue of the same, on 02.09.2024, to pursue career opportunities abroad. In the website of respondents 1 and 2, it was cited that ‘police verification not obtained’ under Cr.No.101/2024 dated 21.03.2024 registered for the offence punishable under Section 188 of IPC, on the file of Bobbilli Police Station. Hence, respondent No.2 refused to renew the passport. 4. Learned Assistant Government Pleader for Home would submit that initially Police registered a crime against the petitioner and others vide Cr.No.101 of 2024 for the offence punishable under Section 188 of IPC and the petitioner was arrayed as accused No.7. Later, on the letter addressed by the Investigating Officer, the Sub-Divisional Police Officer, Bobbilli, vide proceedings in C.No.114/Ref/SDPO/BBL/2024 dated 17.10.2024, accorded permission to refer the case as’ Mistake of Fact’ and a final report was filed before AJFCM, Bobbili vide DDR No.6517/2024 dated 17.10.2024, referring the case as ‘Mistake of Fact’ 5. Given the submission of the learned Assistant Government Pleader for Home that the crime registered against the petitioner was closed, referring to it as ‘Mistake of Fact’, refusing renewal of passport is impermissible. 6. The Hon’ble Apex Court, in Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation1, while examining the provisions of the Passports Act, 1967 and pending criminal cases, held that refusal of a passport can be only in case where an applicant is convicted during the period of five (05) years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. 1 2020 Cri. LJ 572 (SC) 7. The Hon’ble Apex Court in Maneka Gandhi Vs. Union of India2, clearly observed that the right to travel abroad is a part of a personal liberty and the right to possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. 8. Given the above facts and circumstances of the case, since a final report is filed in crime No.101 of 2024, registered against the petitioner and others, for the offence punishable under Section 188 of IPC, on the file of Bobbilli Police Station, whereby the said case was referred as ‘Mistake of Fact’, this Writ Petition is allowed, at the admission stage, directing respondent No.2 to renew of the petitioner’s passport, in pursuance of the application made by him vide File No.VSA076895057124 dated 02.09.2024, following the provisions of the Passports Act, 1967 and the Passports Rules, 1980. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 20.03.2025 IKN 2 (1978) 1 SCC 248): AIR 1978 SC 597 140 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23138/2024 Date : 20.03.2025 IKN