APHC010481792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24723/2025 Between: 1. SYAMALA YADHAGUNTA,, W/O. VENU BHUSHANAM SRINIVASAN RESIDING AT D.NO.19-8-151/1, FLAT NO.403 SRI KRISHNA APARTMENTS, BAIRAGIPATEDA, TIRUPATHI, ANDHRA PRADESH - 517 501. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY (CPV AND OVERSEAS INDIAN AFFAIRS) MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 2. THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASS PORT OFFICER PSP DIVISION MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, NEW DELHI. 3. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER ROYALA TOWERS, NO.2 AND 3, IV FLOOR, ANNA SALAI, CHENNAI, TAMILNADU. 4. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.0.27-37- 158, M.G. ROAD, VIJAYAWADA. 5. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT. SECRETARIAT BUILDINGS, AMARAVATHI, ANDHRA PRADESH 2 JS, J W.P.No.24723 and 24731 of 2025 6. THE STATION HOUSE OFFICER, ALIPIRI PS, TIRUPATHI, TIRUPATHI DISTRICT, ANDHRA PRADESH ...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 topleased to issue a writ more particularly in the form of Writ of Mandamus declaring the inaction of the respondents in issuing the passport to the petitioner pursuant to his application vide Application No. MA1067293474925 dated 09.01.2025 under the guise of pendency of a criminal case vide FIR No.356/2024 on the file of the Alipiri P.S., and in issuing notice vide SCN/1049396138/25 dated 19.06.2025, without assigning any valid reasons as per se illegal, manifestly arbitrary, unreasonable, irrational perverse, unfair, biased, preposterous whimsical, capricious, unconscionable. unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 14, 19, 21 and 300A of the Constitution of India and to consequentially direct the respondents to issue a fresh passport with a validity of 10 years to the petitioner without reference to the said crime 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 pleased to direct the respondents to positively consider the Application No. MA1067293474925 dated 09.01.2025 for issuance of a passport without reference to FIR No.356/2024 on the file of the Alipiri P.S., pending disposal of the writ petition Counsel for the Petitioner: 1. VMR LEGAL Counsel for the Respondent(S): 1. THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2. GP FOR HOME 3 JS, J W.P.No.24723 and 24731 of 2025 APHC010481772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24731/2025 Between: 1. VENU BHUSHANAM SRINIVASAN, S/O.VENU BHUSHANAM LALAPETA, RESIDING AT D.NO.19-8-151/1, FLAT NO.403 SRI KRISHNA APARTMENTS, BAIRAGIPATEDA TIRUPATHI, ANDHRA PRADESH - 517 501. ...PETITIONER AND 1. THE UNION OF INDIA, REP. BY ITS SECRETARY (CPV AND OVERSEAS INDIAN AFFAIRS) MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI. 2. THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASS PORT OFFICER PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO.8, PATIALA HOUSE, NEW DELHI. 3. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, ROYALA TOWERS, NO.2 AND 3, IV FLOOR, ANNA SALAI, CHENNAI, TAMILNADU. 4. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.O.27-37- 158, M.G. ROAD, VIJAYAWADA. 5. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT. SECRETARIAT BUILDINGS, AMARAVATHI, ANDHRA PRADESH 4 JS, J W.P.No.24723 and 24731 of 2025 6. THE STATION HOUSE OFFICER, ALIPIRI PS, TIRUPATHI, TIRUPATHI DISTRICT, ANDHRA PRADESH ...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 topleased to issue a writ more particularly in the form of Writ of Mandamus declaring the inaction of the respondents in issuing the passport to the petitioner pursuant to his application vide Application No.MAI067289500925 dated 09.01.2025 under the guise of pendency of a criminal case vide FIR No.356/2024 on the file of the Alipiri P.S., and in issuing notice vide SCN/1049814950/25 dated 11.08.2025, without assigning any valid reasons as per se illegal, manifestly arbitrary, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical capricious, unconscionable, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundamental Rights guaranteed under Article 14, 19, 21 and 300A of the Constitution of India and to consequentially direct the respondents to issue a fresh passport with a validity of 10 years to the petitioner without reference to the said crime and to 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 pleased to direct the respondents to positively consider the Application No.MA1067289500925 dated 09.01.2025 for issuance of a passport without reference to FIR No.356/2024 on the file of the Alipiri P.S., pending disposal of the writ petition and pass Counsel for the Petitioner: 1. VMR LEGAL Counsel for the Respondent(S): 1. GP FOR HOME 2. BACHINA HANUMANTHA RAO (CENTRAL GOVT COUNSEL) The Court made the following: 5 JS, J W.P.No.24723 and 24731 of 2025 COMMON ORDER: The petitioner in W.P. No. 24723 of 2025 is the wife of the petitioner in W.P. No. 24731 of 2025. 2. Learned counsel for the petitioners submits that the petitioners submitted applications dated 09.01.2025, vide File Nos. ARN: 25-1000353305 and ARN: 25-1000354323 respectively, along with all relevant documents. However, the respondents have not issued passports to the petitioners on the ground that they are involved in a criminal case registered as Crime No. 356 of 2024, on the file of Alipiri Police Station, Tirupati District. 3. Learned counsel for the petitioners contends that the mere pendency of a criminal case does not, by itself, constitute a bar to the renewal or re- issuance of a passport, and relies on the judgment of this Court in W.P. No. 34656 of 2022, wherein the Court categorically observed as follows: “19. Having heard the submissions of the respective counsel, in our view, it is appropriate to look into the relevant provisions of the Passport Act, 1967, as extracted hereinunder: Relevant provisions of issue and renewal of passports: Section 6(2): Subject to the other 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: - (a) that the applicant is not a citizen of India., 6 JS, J W.P.No.24723 and 24731 of 2025 (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India., (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest. The refusal of a passport can be only in case where an applicant is convicted during the period of 5 years immediately preceding the date of application for an offence involving moral turpitude and sentence for imprisonment for not less than two years. Section 6(2)(f) relates to a situation where the applicant is facing trail in a criminal court. 7 JS, J W.P.No.24723 and 24731 of 2025 The grounds on which the renewal of the passport of the petitioner is being refused could at best fall within Section 6(2)(f) of the Passport Act, 1967. 20. Section 2(f) of the Passport Act, 1967, has been considered on several occasions by the Hon‟ble Apex Court and High Courts.” 4. Learned Assistant Government Pleader for Home, appearing for respondent Nos. 5 and 6, on instructions, submits that the case in Crime No. 356 of 2024, on the file of Alipiri Police Station, Tirupati District, is still under investigation. Since the case is at the crime stage, it is open to the Passport Authorities to take an appropriate decision and pass suitable orders. 5. The High Court of Judicature at Madras, in its order dated 04.02.2021 in W.P. No.20058 of 2020, held as follows: “As rightly held by this Court, in the decision cited supra, mere pendency of F.I.R. cannot be a legal basis for denial of issuance of a regular Passport the petitioner. Though the petitioner has approached the learned Judicial Magistrate, Valliyoor, seeking issuance of Passport, this Court is unable to understand as to what prompted the petitioner to approach the learned Judicial Magistrate, Valliyoor, when no criminal case is pending against him. In any event, though ill-advisedly the petitioner had approached the learned Judicial Magistrate, Valliyoor, nevertheless the first respondent cannot issue Passport to the petitioner only for a limited period of one year, which resulted in negation of right of the petitioner to have a regular Passport in order to secure employment abroad”. 8 JS, J W.P.No.24723 and 24731 of 2025 6. Given the facts and circumstances of the case, the Writ Petitions are disposed of at the admission stage with a direction to respondent Nos. 2 to 4 to consider and process the petitioners' applications for issuance of passports strictly in accordance with the provisions of the Passports Act, 1967, and Rule 12 of the Passport Rules, 1980, without reference to Crime No. 356 of 2024 on the file of Alipiri Police Station, Tirupati District. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM 24th September, 2025 cbn 9 JS, J W.P.No.24723 and 24731 of 2025 154 THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM WP Nos.24723 and 24731 of 2025 24th September, 2025 cbn