APHC010459742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF SEPTEMBER ^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23298 OF B Between: Chidipothu Karthik, S/o Krishna Murthy, Aged No.401, Lords Enclave, K.P.Rao Street. Pradesh. 37 years, D.No.64-5-4, Flat NTR District-520 010, Andhra ...PETITIONER AND 1. The Union of India, Rep. by its Joint Secretary (Ministry Affairs) South Block, New Delhi. of External 2. The Regional Passport Officer, Ministry of External Affairs, Government of India, Regional Passport Office, Vijayawada, Andhra Pradesh. 3. The Passport Officer, Regional Passport Office, 4"’ Fioor, Staiin Centrai, D.No.27-37-158, Governorpet, M.G.Road, Vijayawada - 520002 NTR District. ...RESPONDENTS Petition under Article 226 of the Constitution circumstances stated in the'’affidavit filed therewith pleased to issue of India praying that in the the High Court may be a writ, order or orders more particularly one in the nature of writ of Mandamus deciaring the action of the Respondents not renewing the passport of the Petitioner bearing ground of pendency of Criminai 3 and 4 herein in NO.Z3299618 on the in No. Cases as mentioned SCN/1049258408/25 dated 03.06.2025 issued by respondent No.2, as highly arbitrary, illegal, null and void and against the fundamental rights guaranteed under Articles 14, 19 and. 21 of the Constitution of India and consequently to direct the respondents 3 and 4 herein to renew the passport of the petitioner bearing No. Z3299618. 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 3 and 4 herein to renew the passport of the petitioner bearing No.Z3299618 pending disposal of the above writ petition. Counsel for the Petitioner: SRI BALAJI MEDAMALLI Counsel for the Respondent Nos.1 to 3: SRI THENEPALLI NIRANJAN, CENTRAL GOVT. COUNSEL The Court made the following: APHC010459742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 23298/2025 Between: 1.CHIDIPOTHU KARTHIK, S/0 KRISHNA MURTHY, AGED 37 LORDS ENCLAVE, NTR DISTRICT-520 010, ANDHRA YEARS, D.NO.64-5-4, FLAT NO.401 • K.P.RAO STREET, PRADESH. ...PETITIONER AND 1.THE UNION OF INDIA, REP. BY ITS JOINT SECRETARY (MINISTRY OF EXTERNAL AFFAIRS) SOUTH BLOCK, NEW DELHI. 2.THE REGIONAL PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE, VIJAYAWADA, ANDHRA PRADESH. 3.THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOVERNORPET, M.G.ROAD, VIJAYAWADA - 520002 NTR DISTRICT. GOVERNMENT OF INDIA, ...RESPONDENT(S): Counsel for the Petitioner: 1.BALAJI MEDAMALLI Counsel for the Respondent{S): 1.THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2.Pasala Ponna Rao,DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following; 2 JS,J W.P.No.23298 of 2025 ORDER: This Writ Petition, under Article 226 India, IS filed by the petitioner seeking the following of the Constitution of relief; to issue a writ, order or orders particularly one in the nature of writ of Mandamus declaring the action of the Respondents more 3 and 4 herein in not renewing the passport of the Petitioner NO.Z3299618 bearing on the ground of pendency of Criminal Cases as mentioned in No. SCN/1'049258408/25 dated 03.06.2025 issued by respondent No.2 as highly void and against the arbitrary, illegal, null and fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India direct the and consequently to renew the respondents 3 and 4 herein to passport of the petitioner bearing No. Z3299618 2. Heard the arguments of learned learned counsel for the available on record. counsel for the petitioner and respondents, and perused the material 3. The petitioner is a businessman, and his 27.05.2025. NO.VJ2075060565725, While the matter cause notice dated 03.06.2025 passport expired on On 21.5.2025, the petitioner, applied for the renewal of his vide File passport. was pending, the respondents issued directing him to submit his a show- 3 ii' JS,J W.P.Nq.23298 of 2025 explanation for the suppression of criminal cases pending against him. The petitioner submitted his explanation on 14.06.2025, contending that his business rivals had registered the complaints and that all the offences are bailable. The petitioner later learned that the respondent authorities had not renewed his passport due to the criminal cases pending against him. Learned counsel for the petitioner submits that the mere 4. pendency of criminal cases is not a sufficient reason to deny reissuance of a passport, and he relies on the following decisions of the Hon’ble Apex Court. In Maneka Gandhi v. Union of lndia\ it is observed i) 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 Sumit Mehta v. State of NOT of Delhi^, it is held as ii) 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 1(1978) 1 see 248 2 2013 (15) sec 570 4 JS,J W.P.No.23298 of 2025 including the right to liberty guaranteed under Article 21 of the Constitution of India." On the other hand, learned counsel for the 5. respondents submits that the petitioner was involved in Crime Nos. 849 of 2024, 315 of 2024, 96 of 2024, and Crime No. 159 of 2024, in which the investigation was completed, and a charge sheet was filed. The case was numbered as C.C. No. 1236 of 2024 on 01.04.2025 in the Court of the Junior Civil Judge, Nalgonda petitioner may approach the competent jurisdictional renewal of his passport. and states that the Court for 6. As evident from the material charge sheet in Crime No. 159 of 2024, which on record, the Police filed a was numbered as C.C.No.1236 of 2024. Regarding the other three Nos.849 of 2024, 315 of 2024, and 96 of 2024 crimes. Crime they are still at the FIR stage. The law presumes an accused to be innocent until guilt is proven. As a presumed innocent person, the petitioner is entitied to aii fundamentai rights, inciuding the right to liberty guaranteed under Article 21 of the Constitution of India. 7. 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 Junior Civil 5 JS,J W.P.No.23298 of 2025 Judge, Nalgonda 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. In respect of three other crimes, i.e.. Crime Nos.849 of 2024, 315 of 2024 and 96 of 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. 1236 of 2024, without reference to the above three crimes. If the 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/- SRI T SRINIVASA RAO ASSISTANT REGISTRAR // //TRUE COPY// SECTION OFFICER To, 1. The Joint Secretary (Ministry of External Affairs), Union of India, South Block, New Delhi. 2. The Regional Passport Officer, Ministry of External Affairs, Government of India, Regional Passport Office, Vijayawada, Andhra Pradesh. 3. The Passport Officer, Regional Passport Office, 4*^ Floor, Stalin Central, D.No.27-37-158, Governorpet, M.G.Road, Vijayawada - 520002 NTR District. 4. One CC to Sri Balaji Medamalli, Advocate [OPUC] 5. One CC to Sri Thenepalli Niranjan, Central Govt. Counsel[OPUC] 6. Two CD Copies. ssb v«> HIGH COURT DATED:10/09/2025 ORDER WP No. 23298 OF 2025 I DISPOSING OF THE W.P. WITHOUT COSTS