APHC010487262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 24834/2025 Between: 1. DUMMU ANIL,, S/O. SANDHEYYA, AGED 28 YEARS, R/O. D.NO.3-142, VTC BANDARUVANIPETA, SRIKAKULAM DISTRICT, ANDHRA PRADESH - 532 406. ...PETITIONER AND 1. THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH - 530 009. 2. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS SECRETARY, 23 D, JANPATH ROAD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, INDIA. 3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 4. THE STATION HOUSE OFFICER, DISHA WOMAN POLICE STATION, SRIKAKULAM, SRIKAKULAM 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 to issue a direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondent No.1 in not considering the passport renewal application of the petitioner vide Application No.VSI 075499760925 with Application Reference No.25-1056095174 dated 08.07.2025 due to one pending criminal case as highly illegal, 2 arbitrary, unjust, improper, contrary to law and against the principles of natural justice and in violation of Article 14, 19 and 21 of the Constitution of India and also against the Passport Act, 1967 and Passport Rules, 1980 therein and consequently direct the Respondents to renew the Passport No.N7846233 for a period of 10 years in view of judgments of this Hon'ble Court in W.P.No.10166 of 2024, W.P.No.7714 of 2022, W.P.No.9356 of 2023, W.P.No.1392 of 2023 and W.P.No.29505 of 2024 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 Authorities, especially 1st Respondent to consider the passport renewal application of the petitioner vide Application No.VSI07549976092 5 with Application Reference No.25-1056095174 dated 08.07.2025 for renewal of passport vide Passport No.N7846233 for a period of ten (10) years pending disposal of the main writ petition Counsel for the Petitioner: 1. MOHAMMAD NAYAB RASOOL Counsel for the Respondent(S): 1. THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2. GP FOR HOME The Court made the following: 3 ORDER: The Writ Petition is filed under Article 26 of the Constitution of India for the following relief: “…to issue a direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the highhanded action of the Respondent No. 1 in not considering the passport renewal application of the petitioner vide Application No. VS1075499760925 with Application Reference No.25-1056095174 dated 08.07.2025 due to one pending criminal case as highly illegal, arbitrary, unjust, improper, contrary to law and against the principles of natural justice and in violation of Article 14, 19 and 21 of the Constitution of India and also against the Passport Act, 1967 and Passport Rules, 1980 therein and consequently direct the Respondents to renew the Passport No.N7846233 for a period of 10 years in view of judgments of this Hon'ble Court in W.P.No.10166 of 2024, W.P.No.7714 of 2022, W.P.No.9356 of 2023, W.P.No.1392 of 2023 and W.P.No.29505 of 2024 and to pass…” (in verbatim) 2. The petitioner submitted an application on 08.07.2025 for the renewal of his passport with Application Reference No.25-1056095174, enclosing all the necessary and relevant documents. However, the passport was not renewed on the ground 4 that the petitioner is involved in Crime No. 97 of 2023, registered at the Disha Women Police Station, Srikakulam. 3. Learned counsel for the petitioner submits that a charge sheet, vide C.C. No. 791 of 2024, was filed before the learned Judicial Magistrate of First Class (PJCJ), Srikakulam. However, the 1st respondent orally informed the petitioner that his passport was not renewed due to the pendency of the criminal case. 4. Learned counsel for the petitioner submits that the Hon'ble Supreme Court of India, in its judgment dated 27.09.2021 in Crl.A.No. 1342 of 2017 in the case of Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation1, after considering Section (2) (f) of the Passport Act, held that the passport authority cannot refuse renewal of passport on the ground of pendency of a criminal case and directed the passport authority to renew the passport. 5. The learned Assistant Government Pleader for Home, appearing for respondent Nos. 3 and 4, on written instructions, submits that the charge sheet was filed and cognizance was taken by the learned Judicial Magistrate of First Class (PJCJ), Srikakulam. Therefore, the petitioner may submit an appropriate application before the competent jurisdictional Court. 1 2021 SCC OnLine SC 3549 5 6. Learned counsel for the petitioner submits that the petitioner is ready to approach the competent jurisdictional Court and make an appropriate application for renewal of his passport. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the petitioner to approach the Court of the Judicial Magistrate of First Class (PJCJ), Srikakulam, and file an appropriate application for renewal of the passport. Upon filing such an application, the jurisdictional Court shall pass an appropriate order specifying the period, considering Rule 12 of the Passport Rules, 1980. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ SMT JUSTICE SUMATHI JAGADAM 23rd September, 2025 cbn 6 151 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.24834 of 2025 23rd September, 2025 cbn