APHC010466422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24110/2024 Between: 1. SRI KANTAMNENI SRINIVASA RAO, S/O (LATE) KOTESWARA RAO OCC-BUSINESS , AGED 53 YRS R/AT D.NO.2-154, PURUSHOTTAPATNAM GANNAVARAM MANDAL, KRISHNA DISTRICT ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF FINANCE REPRESENTED BY ITS SECRETARY, SASTRY BHAVAN NEW DELHI. 2. THE REGIONAL PASS PORT OFFICER, REGIONAL PASS PORT OFFICE , 4TH FLOOR. STALIN CENTRAL, D.NO.27-37-158 , GOVERNORPET, M.G. ROAD, VIJAYAWADA-520002 3. THE COMMISSIONER OF POLICE, VIJAYAWADA. 4. THE STATION HOUSE OFFICER, GANNAVARAM P.S., VIJAYAWADA. ...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 or Order or Direction more particularly one in the Nature of a Writ of Mandamus declaring the action of the Respondents particularly the 2nd Respondent Issued a Letter dated 18-09-2024 in the name of petitioner as not entertaining the Renewal of the Petitioner Passport No.M 1796691 is Expired on 31/08/2024 only on the sole reason the SRS,J W.P.No.24110 of 2024 petitioner having another case in F.I.R. No.37/2018 on the file of C.C.S.,Tirupati even inspite of the Orders of this Hon'ble Court in W.P. No. 17327/2024 on the same issue about the non renewal of the petitioner Passport it is nothing but an Illegal , Unlawful, Violation of Article 14,19,21 of the Constitution of India, Violation of Principles of Natural Justice, Violaiton of the Rulings of Apex Court as well as Central Government Rules Consequently to direct the 2nd respondent to Renewal of the Petitioner Pass Port No.M 1796691 in the interest of the justice and pass IA NO: 1 OF 2024 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 May be pleased to direct the 2nd respondent Pass Port Authority to Renewal of the Petitioner Passport No.M 1796691 pending disposal of the main Writ Petition in the interest of the justice and to pass Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2. GP FOR HOME The Court made the following: :: ORDER :: Impugning the letter issued by respondent No.2 vide reference No.VJ2076558710524, dated 18.09.2024, whereby directing the petitioner to submit clarification regarding Cr.No.37 of 2018 of Tirupati PS, the above writ petition is filed. 2. Heard Sri R. Sampath, learned counsel representing Sri R. Siva Sai Swarup, learned counsel for the petitioner and Sri T. Niranjan, learned SRS,J W.P.No.24110 of 2024 counsel, appeared for respondents 1 & 2 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondents 3 & 4. 3. Initially, the petitioner filed W.P.No.17327 of 2024, to declare the action of respondent No.2 in not entertaining the renewal of the petitioner’s passport No.M1796691, due to the pendency of FIR No.609 of 2021 of Gannavaram PS, Vijayawada, as illegal and arbitrary. The said writ petition was disposed of on 22.08.2024, directing the authority to consider the application made by the petitioner vide VJ2076558710524, without reference to the Cr.No.609 of 2021, dated 02.12.2021 of Gannavaram PS, Vijayawada. Thereafter, notice vide Ex.P1 was issued. 4. Learned counsel for the petitioner would submit that the police filed a charge sheet in Cr.No.37 of 2018, on the file of the learned V Additional Judicial Magistrate of First Class, Tirupati the same was numbered C.C.NO.288 of 2024. The learned Magistrate has taken cognizance. 5. Learned Assistant Government Pleader would submit that, since cognizance has been taken by the learned Magistrate, the petitioner has to approach the jurisdictional Magistrate and make an application. Learned counsel also would submit that the petitioner will approach the learned jurisdictional Magistrate and make an appropriate application. 6. Thus, as seen from the material available on record, the Criminal Court has taken cognizance. The Division Bench of this Court in W.A.No.383 of 2024 considered the said aspect and observed as follows: “16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the SRS,J W.P.No.24110 of 2024 Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of „proceedings pending before a criminal Court‟, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.” 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to approach the learned jurisdictional criminal court and make an appropriate application. If such an application is filed, the learned jurisdictional criminal court shall consider the same and pass appropriate orders, strictly as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 17.03.2025 TVN SRS,J W.P.No.24110 of 2024 150 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.24110 OF 2024 Date : 17.03.2025 TVN