\v. A APHC010473472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24621 OF 2024 Between: Singamala Venkata Ramana Reddy, S/o Venkata Konda Reddy, Aged about 54 years, R/o D.No.7/525-1 Chinnachowk, Kadapa, Y.S.R. Kadapa District. NGO Colony, Sai Homes Apartments, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Union of India, Ministry of External Affairs, Rep. by the Secretary, 23D Janpath Road, Rajpath Area Central Secretariat, New Delhi, India. 3. The Regional Passport Officer, 4th Floor, Stalin Central, D.No.27-37- 158, Governorpet, M.G. Road, Vijayawada-520 002, N.T.R. District. 4. The Station House Officer, II Town Police Station, Kadapa, Y.S.R. Kadapa 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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in not considering the Petitioners Passport renewal application, vide application No.VJ 1076198909924 dt.29-01-2024 under application Reference 1001106973 due to pending of one criminal case as highly illegal, arbitrary, unjust, improper, contrary to the law and against the principles of natural justice, violation of fundamental rights guaranteed under Article 14 Constitution of India and also against the Passport Act Rules therein No.24- 19, 21 of and consequently direct the 3rd Respondent to renew the Petitioners Passport bearing No.N0814141 per the judgment rendered by this Honble Court in as W.P.No.7714/2022, W.P.No. 1392/2023 and batch, W.P.No.9356/2023, W.P.No. 10166/2024. lA 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 to pass Interim order directing the 3rd Respondent to consider the Petitioner’s Passport renewal application, vide' application No.VJ 1076198909924 29-01-2024 for renewal of my Passport bearing No.N0814141 until disposal of the main Writ Petition. Counsel for the Petitioner: SRI V SAI RAM KUMAR REPRESENTING SRI A SYAM SUNDAR REDDY Counsel for the Respondent Nos. 1 & 4: GP FOR HOME Counsel for the Respondent Nos. 2 & 3: SRI SYAM SUNDAR The Court made the following order: dt. -A APHC010473472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24621/2024 Between: 1.SINGAMALA VENKATA RAMANA REDDY, S/0 VENKATA KONDA REDDY, AGED ABOUT 54 YEARS, R/0 D.NO.7/525-1, NGO COLONY, SAL HOMES APARTMENTS, CHINNACHOWK, KADAPA, Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL HOME DEPARTMENT, SECRETARIAT BUILDING, SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY 23D JANPATH ROAD, RAJPATH AREA THE SECRETARY, CENTRAL SECRETARIAT, NEW DELHI, INDIA. 3.THE REGIONAL PASSPORT OFFICER, 4TH FLOOR. STALIN D.NO.27-37-158, GOVERNORPET M.G. ROAD, CENTRAL, VIJAYAWADA-520 002, N.T.R. DISTRICT. 4.THE STATION HOUSE OFFICER, II TOWN POLICE STATION, KADAPA, Y.S.R. KADAPA 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 tomay be pleased to issue a Writ Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd ▼ SRS*h W.P.No.24621of 2024 Respondent in not considering the Petitioners Passport renewal application, vide application No.VJ 1076198909924 dt.29- 01-2024 under application Reference No.24-1001106973 due to pending of one criminal case as highly illegal, arbitrary, unjust, improper, contrary to the law and against the principles of natural justice, violation of fundamental rights guaranteed under Article 14, 19, 21 of Constitution of India and also against the Passport Act Rules therein and consequently direct the 3rd Respondent to renew the Petitioners Passport bearing No.N0814141 as per the judgment rendered by this Honble Court in W.P.No.7714/2022, W.P.No.1392/2023 and batch, W.P.No.9356/2023, W.P.No. 10166/2024 and pass such lA 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 pass Interim order directing the 3rd Respondent to consider the Petitioners Passport renewal application, vide application NO.VJI 076198909924 dt.29- 01-2024 for renewal of my Passport bearing NO.N0814141 until disposal of the main Writ Petition and pass such Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: :: ORDER:: Heard Sri V. Sai Ram Kumar, learned counsel, representing Sri A. Syam Sundar Reddy, learned counsel for the petitioner; Sri Syam Sundar, learned panel counsel for respondents 2 and 3 and Sri Ajay, learned Assistant Government Pleader for Home, for respondents 1 and 4. 2. The above writ petition is filed to declare the action of respondent No.3 in not renewing/re-issuing the petitioner’s passport bearing No.N0814141, in pui;^suance of the application made by the petitioner vide file No.vIjI 076198909924 dated 29.01.2024, is illegal and arbitrary. SRS,J W.P.No.24621of 2024 Learned counsel for the petitioner would submit that the petitioner made an application for the re-issuance of a passport. Due to the adverse police verification report, the authority issued a shortfall notice, dated 12.03.2024 (Ex.P3), in pursuance of which, the petitioner attended the office and made oral submissions. He would submit that the petitioner was falsely implicated in crime No.271 of 2022, registered for the offences punishable under Sections 307, 332, 323 read with 34 of IPC and sections 3(1 )(r), 3(1 )(s), 3(2) (v), 3(2)(va) of SC and ST (POA) Act, 1989 on the file of II Town Police Station, Kadapa. Accused Nos.1 to 3 in the said crime filed Criminal Petition No.7315 of 2022, and a co-ordinate Bench of this Court granted a stay of all further proceedings in F.I.R. No.271 of 2022 dated 18.08.2022, including arrest. He would submit that mere pendency of a criminal case is no bar to renew the * passport. 3. Learned Assistant Government Pleader for Home as well as learned panel counsel, on instructions, on instructions, submitted that due to the pendency of the above crime, the petitioner’s passport was not renewed. 4. Section 6 of the Act deals with the refusal of passports, travel documents etc. Section 6(2)(f), which is relevant, is extracted hereunder: 5. ‘6. Refusal of passports, travel documents, etc. Subject to the otrier provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: - (2) (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; There is no dispute regarding the registration of crime No.271 of 2022 against the petitioner and others. However, a coordinate Bench of this Court 6. Page 4 or b W.P.No.24621 of 2024 1 has granted a stay of all further proceedings in the said crime. Unless the guilt is proved, an accused is presumed to be innocent and mere pendency of a criminal case is not a bar to renewing/reissuing the passport. 1 The Hon’ble Apex Court in Sumit Mehta vs. State of NCT of Delhi held that 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. 7. The Apex Court in Menaka Gandhi vs. Union of India and another^; and Satish Chandra Verma vs. Union of India (UOI) and others^, held that the right to travel abroad is a part of personal liberty. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, directing respondent No.3 to consider the aforementioned application made by the petitioner for re-issuance of passport, strictly as per the provisions of the Passports Act 1967 and Rule 12 of the Passport Rules 1980, without reference to F.I.R. No.271 of 2022, of II Town Police Station, Kadapa, Y.S.R. Kadapa District. No costs. 9. As a sequel, pending miscellaneous petitions, if any, shall stand closed. M2013)15SCC 570 ^ AIR 1978 SC 597 ^ (2019) Supereme (SC) 1516 SD/- G. HELA NAIDU ASSISTANi; REGISTRAR offTcer //TRUE COPY// ,SEi To, 1. The Principal Secretary, Home Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Secretary, Union of India, Ministry of External Affairs, 23D Janpath Road, Rajpath Area, Central Secretariat, New Delhi, India. 3. The Regional Passport Officer, 4th Floor, Stalin Central, D.No.27-37- 158, Governorpet, M.G. Road, Vijayawada-520 002, N.T.R. District. 4. The Station House Officer, II Town Police Station, Kadapa, Y.S.R. Kadapa District. 5. One CC to Sri A Syam Sundar Reddy, Advocate [OPUC] 6. One CC to Sri Syam Sundar, Advocate [OPUC] 7. TwoCCsto GP for Home, High Court of Andhra Pradesh [OUT] 8. Two CD Copies TF f HIGH COURT • A DATED:02/07/2025 ORDER WP NO. 24621 OF 2024 o 5 2 0 AUG 2025 Co Current Section . ^ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS