APHC010498542025 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: 25553/2025 Between: 1. PETLA UMA SANKARA GANESH, S/O. PETLA SIMHACHALAM, AGED ABOUT 53 YEARS, R/O. H.NO. 1-14, 15TH WARD, KANAKAMAHALAKSHMI VEEDHI, PEDDABODEPALLI, NARSIPATNAM, ANAKAPALLI DISTRICT ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS REP. BY ITS SECRETARY, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, VISAKHAPATNAM NEAR P.F OFFICE. BESIDE RYTHU BAZAR, MARRIPALEM VUDA LAYOUT, NAD POST, VISAKHAPATNAM ...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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not renewing/reissuing the Petitioner's Passport in pursuant to his application in file No. VS1075066087825, dated 22.05.2025 as illegal, arbitrary. unjust, unreasonable, high-handed and violative of Articles 14, 19 and 21 of the Constitution of India apart from the provisions of Passport Act, 1967 and consequently direct the Respondents to renew/reissue the same forthwith and pass 2 JS, J WP.No.25553 of 2025 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 Respondents to reissue passport to the Petitioner in pursuant to his application file No. VS1075066087825, dated 22.05.2025 pending disposal of the Writ Petition and pass IA NO: 2 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 permit the petitioner to implead, The Station I- ouse Officer, Narsipatnam town Police Station, Narsipatnam, Anakapal i District as party respondent No. 3 in W.P.No. 25553 of 2025 and as veil as in LA No. 1 of 2025 and pass Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. M UMA DEVI (CENTRAL GOVT COUNSEL) The Court made the following: 3 JS, J WP.No.25553 of 2025 ORDER: Heard learned counsel for the petitioner, Smt. M. Uma Devi, learned Standing Counsel for Central Government appearing for the 1st respondent, and learned Assistant Government Pleader for Home appearing for the 3rd respondent, and perused the material available on record. 2. The petitioner is having valid passport upto 01.05.2023, and on 22.05.2025 vide File No.VS1075066087825 the petitioner has made an application for renewal of passport. 3. Learned counsel for the petitioner submits that the 2nd respondent has not renewed the petitioner’s passport on the ground that the petitioner was involved in Crime Nos.165 of 2018, 82 of 2019 and 229 of 2024. 4. Learned counsel for the petitioner further submits that mere pendency of criminal cases is not a ground to deny reissuance/renewal of a passport, and relied on the following decisions of the Hon’ble Apex Court: 4 JS, J WP.No.25553 of 2025 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 possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. ii) In Sumit Mehta v. State of NCT of Delhi2, it is held as follows: “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.” 5. Learned Assistant Government Pleader for Home appearing for the 2nd respondent, on instructions, submits that cognizance was taken in Crime Nos.165 of 2018 and 82 of 2019 and charge sheets were filed vide CC.Nos.488 of 2019 and 313 of 2019 on the file of the Court of the learned Additional Judicial First Class Magistrate, Narsipatnam, respectively, and that Crime No.229 of 2024 is still pending in FIR stage. Therefore, it is submitted that the petitioner has to approach the 1 (1978) 1 SCC 248 2 2013 (15) SCC 570 5 JS, J WP.No.25553 of 2025 jurisdictional Court and file an appropriate application for renewal of the passport. 6. As evident from the material available on record, the Police filed a charge sheet in Crime No.165 of 2018, which was numbered as CC.No.488 of 2019, and in Crime No.82 of 2019, which was numbered as CC.No.313 of 2019, before the learned Additional Judicial First Class Magistrate, Narsipatnam. Investigation is pending in Crime No.229 of 2024, which is still at the FIR stage. The law presumes an accused to be innocent until his guilt is proven. As a presumed innocent person, the petitioner is entitled to all fundamental rights, including the right to liberty guaranteed under Article 21 of the Constitution of India. 7. Given the facts and circumstances of the case and the law laid down by the Hon’ble Apex Court, the Writ Petition is disposed of directing the petitioner to approach the Court of the learned Additional Judicial First Class Magistrate, Narsipatnam, and make an appropriate application for renewal of his passport. Upon making such an application, the jurisdictional Court shall pass an appropriate order specifying the period, taking into account Rule 12 of the Rules. 8. In respect of other crime, i.e., FIR No. 229 of 2024, the 2nd respondent shall renew the passport of the petitioner, in pursuance of 6 JS, J WP.No.25553 of 2025 the orders passed by the jurisdictional Court in CC.No.488 of 2019 and CC.No.313 of 2019, without reference to the above crime. If the petitioner intends to go abroad, he shall necessarily get permission from the jurisdictional Court. The petitioner shall not misuse the travel document. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM 23rd September, 2025. Note: Issue C.C. by 24.09.2025 b/o cbn 7 JS, J WP.No.25553 of 2025 127 THE HON’BLE SMT. JUSTICE SUMATHI JAGADAM WP No.25553 of 2025 23rd September, 2025 Note: Issue C.C. by 24.09.2025 b/o cbn 8 JS, J WP.No.25553 of 2025