APHC010486532025 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: 25655/2025 Between: 1. MALAGUNDAL RAVINDRA, S/O. LATE M. PEDDAIAH, AGED ABOUT 57 YEARS, R/O. D.NO. 12-3-285-1,7TH CROSS, SAL NAGAR, ANANTHAPUR, ANANTHAPUR DISTRICT ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS SECRETARY, 23-B, JANPATH ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, D.NO. 27-37, 158, GOVERNORPETA, M.G. ROAD, VIJAYAWADA. 3. THE DIRECTOR OF GENERAL OF POLICE, ANDHRA PRADESH. 4. THE SUPERINTENDENT OF POLICE, ANANTHAPUR, ANANTHAPUR 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 topleased to issue a writ of Mandamus, declaring the action of the 2nd respondent in not renewing the petitioner passport application vide file No. VJ1075528036825 on the ground that criminal case is pending as illegal, improper, unjust, arbitrary violation of Article 14,16 and 21 of the constitution of India and violation of principles of natural justice and direct the 2nd 2 JS, J W.P.No.25655 of 2025 respondent to consider the application of the petitioner for renew of the Passport 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 please to direct the 2nd respondent duely considering the renewal of passport application vide file No. VJ1075528036825 of the petitioner without reference to the Criminal Case, pending disposal of the Writ petition and pass Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP FOR HOME 2. The Court made the following: 3 JS, J W.P.No.25655 of 2025 ORDER: The present writ petition is filed under Article 226 of Constitution of India seeking the following relief: “…to to issue a writ of Mandamus, declaring the action of the 2nd respondent in not renewing the petitioner passport application vide file No. VJ1075528036825 on the ground that criminal case is pending as illegal, improper, unjust, arbitrary violation of Article 14,16 & 21 of the constitution of India and violation of principles of natural justice and direct the 2nd respondent to consider the application of the petitioner for renewal of the Passport and pass such other order in the interest of justice.” (in verbatim) 2. The petitioner is a resident of Ananthapur District and holds a passport which is valid up to 17.06.2025. The petitioner submitted an application dated 22.08.2025, vide File No. VJ1075528036825, for renewal of his passport. However, the 2nd respondent has not renewed the passport on the ground that the petitioner is involved in Crime No. 35 of 2019, registered at Penukonda Police Station. 3. Learned counsel for the petitioner submits that charge sheet was filed in Crime No. 35 of 2019, which has been numbered as C.C. No. 295 of 2019. Learned counsel further submits that in a separate case, i.e., Crime No. 3 of 2019, the petitioner was acquitted by an order dated 29.07.2024, passed by the learned Additional Judicial Magistrate of First Class, Penukonda, in C.C. No. 226 of 2019. 4 JS, J W.P.No.25655 of 2025 4. Learned counsel for the petitioner submits that the petitioner is entitled to the re-issuance of the passport even during the pendency of a criminal case against him. 5. By an order dated 29.10.2024, in W.A. No. 383 of 2024, the Division Bench of this Court held as under: “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 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.” 6. On the other hand, the learned Assistant Government Pleader for Home, appearing for respondent Nos. 3 and 4, on written instructions, submits that charge sheet was filed in Crime No. 35 of 2019, vide C.C. No. 295 of 2019. Therefore, the petitioner must approach the competent jurisdictional court and file an appropriate application seeking renewal of passport. 5 JS, J W.P.No.25655 of 2025 7. Learned counsel for the petitioner submits that the petitioner is willing to approach the competent jurisdictional Court and file an application for renewal of his passport. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of with a direction to the petitioner to approach the competent jurisdictional Court and file an appropriate application for renewal of his passport. Upon such filing, the jurisdictional Court shall pass an appropriate order, specifying the period of renewal, in accordance with Rule 12 of the Passport Rules, 1980. 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 6 JS, J W.P.No.25655 of 2025 144 THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM WP No.25655 of 2025 24th September, 2025 cbn