APHC010480632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24972/2025 Between: 1. SHAIK ABDUL SATTAR,, S/O SHAIK IMAM, AGED ABOUT 60 YEARS, R/AT D.NO. 5-3-37, GOLD MARKET, PITHAPURAM, KAKINADA DISTRICT, ANDHRA PRADESH - 533450 2. SHAIK FUKRUNNISA, W/O SHAIK ABDUL SATTAR, AGED ABOUT 57 YEARS, R/AT D.NO. 5-3-37, GOLD MARKET, PITHAPURAM, KAKINADADISTRICT,ANDHRA PRADESH - 533450 ...PETITIONER(S) AND 1. THE UNION OF INDIA, REP BY ITS SECRETARY FOR MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT BUILDING, RAISINA HILLS, NEW DELHI - 110001 2. THE REGIONAL PASSPORT OFFICE, REP., BY ITS PASSPORT SEVA KENDRA, AT BOTCHA SQUARE, MURALI NAGAR, VISAKHAPATNAM 3. THE SUPERINTENDENT OF POLICE, KAKINADA, KAKINADA DISTRICT 4. THE STATION HOUSE OFFICER, GOPALAPATNAM PS, VISAKHAPATNAM DISTRICT 5. THE COMMISSIONER OF POLICE, COMMISSIONERATE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 2 JS,J W.P.No.24972/2025 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 Mandamus, declaring the action of the Respondent No. 2 in keeping the petitioners Passport vide Application Nos.VS1065501504825 and VS1065501459525, Dt. 18-08-2025 under Review on the ground that the Police Verification Report is unclear, as illegal, arbitrary, unjust and unconstitutional and violative of Article 14, 19 and 21 and contrary to the Law settled by the Hon’ble Supreme Court and consequently direct the Respondent No.2 to issue the Passports in their favour 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 Respondent No. 2 to issue the Passport in their favour pursuant to the Application Nos: VS1065501504825 & VS1065501459525, Dt. 18-08- 2025, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner(S): 1. MULUGU SANDHYA RANI Counsel for the Respondent(S): 1. GP FOR HOME 2. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL) 3 JS,J W.P.No.24972/2025 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 Mandamus, declaring the action of the Respondent No. 2 in keeping the petitioners Passport vide Application Nos.VS1065501504825 and VS1065501459525, Dt. 18-08-2025 under Review on the ground that the Police Verification Report is unclear, as illegal, arbitrary, unjust and unconstitutional and violative of Article 14, 19 and 21 and contrary to the Law settled by the Hon’ble Supreme Court and consequently direct the Respondent No.2 to issue the Passports in their favour and pass…” 2. The 1st petitioner is 60 years old, and the 2nd petitioner, his wife, is about 57 years old. The petitioners are Muslims intending to visit their holy place, Mecca, which is the birthplace of the Islamic Prophet Muhammad. 3. The petitioners, through Application Nos. VS1065501504825 and VS1065501459525, have applied for passports. The 2nd respondent has refused to issue passports because the petitioners were involved in Crime No. 32 of 2023 for offences under Section 498-A of the Indian Penal Code, 1860, and Section 3 of the Dowry Prohibition Act, 1961. 4. The learned counsel for the petitioners submits that their daughter-in- law filed F.C.O.P.No.2077 of 2023 against the petitioners and their son. The said FCOP is pending before the learned Additional Family Judge, Visakhapatnam. 5. Learned counsel for the petitioner further submits that the mere pendency of criminal cases is not a ground to deny reissuance of a passport, and relies on the following decisions: i) In Maneka Gandhi v. Union of India1, it is observed that the right to travel Abroad is a part of personal liberty and the right to 1(1978) 1 SCC 248 4 JS,J W.P.No.24972/2025 possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. ii) The learned Single Judge of the High Court of Madras in W.P.No.20058 of 2020held that mere pendency of an FIR cannot be the legal basis for the denial of issuance of a regular passport to the petitioner. Since no final report has been filed, it cannot be said that criminal proceedings are pending against the petitioner. iii) A learned Single Judge of this Court in W.P.No.30373 of 2022 held that: 10. The Central Government has also issued G.S.R.No.570(E), dated 25.08.1993 stipulating that a no objection order would be required from a Court only if it falls within the ambit of Section 6(2)(f). 11. In view of the fact that Section 6(2)(f) would arise only when there is a pending proceeding before the Criminal Court after cognizance is taken, it would have to be held that as of now there is no pending criminal proceeding before the Court 6. Learned Assistant Government Pleader for Home, on instructions, submits that the learned Additional Chief Judicial Magistrate, Visakhapatnam, took cognizance of the case in C.C. No.2782 of 2023 and posted the matter to 13.10.2025 for the appearance of the accused. 7. In reply, the learned counsel fairly submits that the petitioners are ready to appear before the court whenever their presence is required. 8. Since the police have filed their chargesheet, and the court takes cognizance, this Court feels it appropriate to dispose of the matter at the admission stage by directing the petitioner to approach the Court of the I Additional Chief Judicial Magistrate, Visakhapatnam 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. 5 JS,J W.P.No.24972/2025 9. The Writ Petition is accordingly disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 16.09.2025 KAS 6 JS,J W.P.No.24972/2025 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24972/2025 16th September, 2025 kas