APHC010508982025 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: 26189/2025 Between: 1. SEEGITI DHANENDRA RAO, S/O. LATE S. VALLABHA RAO SEEGITI, AGE 43 YEARS, R/O. 6-3, COLONY, PATHAMEGHAVARM, SANTHABOMMALI MANDALAM, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE REGIONAL PASSPORT OFFICER, VISAKAPATNAM, NEARP.F OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM, VUDA LAY OUT NAD POST, VISAKHAPATNAM, A.P - 530009. 2. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS REP BY THE SECRETARY, 23 D JANPATH RD RAJPATH AREA, CENTRAL SECRETARIAT NEW DELHI INDIA. 3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE,SRIKAKULAM, SRIKAKULAM DISTRICT, A.P. 4. THE S H O, SANTHABOMMALI, SRIKAKULAM, SRIKAKULAM 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 to issue a writ, order or direction, more particularly one in the nature of Mandamus under Article 226 of the Constitution of India, declaring the action of the Respondent No.1 in withholding the issuance/renewal of the my Passport bearing No.N6464915 on the ground of pendency of criminal 2 JS,J W.P.No.26189/2025 proceedings as illegal, arbitrary, unconstitutional and violative of Articles 14, 19(1)(d), 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondent No.1 to forthwith issue/renew my Passport by duly taking into consideration the interim stay order granted by this Hon’ble Court order dated 09.09.2025 in CrI.P.No.9340 of 2025 and pass such 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 may be pleased to grant an interim direction to the Respondent No.1 to forthwith process and renew my Passport bearing No. N6465915, without reference to the pendency of the criminal proceedings, in view of the interim order of trial proceedings granted by this Hon’ble order dated 09.09.2025 in CrI.P.No.9340 of 2025; and pass such Counsel for the Petitioner: 1. SATYA SREENIVASA RAO K Counsel for the Respondent(S): 1. 3 JS,J W.P.No.26189/2025 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 a writ, order or direction, more particularly one in the nature of Mandamus under Article 226 of the Constitution of India, declaring the action of the Respondent No.1 in withholding the issuance/renewal of my Passport bearing No.N6465915 on the ground of pendency of criminal proceedings as illegal, arbitrary, unconstitutional and violative of Articles 14, 19(1)(d), 19(1)(g) and 21 of the Constitution of India; and consequently direct the Respondent No.1 forthwith issue/renew my Passport by duly taking into consideration the interim stay order granted by this Hon’ble Court order dated 09.09.2025 in Crl.P.No.9340 of 2025; and pass such other order or orders…” 2. The petitioner is employed in the Merchant Navy as a Seaman and holds a passport bearing No.N645915. He made application for renewal of his passport vide Application No.25-1059438512. However, the application was rejected on the ground that C.C.No.499 of 2025 on the file of the learned Judicial Magistrate of First Class, Kotabommali, is pending against the petitioner. 3. Learned counsel for the petitioner submits that the petitioner has preferred a criminal petition vide Crl.P.No.9340 of 2025 and this Court was pleased to dispense with the presence of the petitioner. He also submits that mere pendency of criminal cases is not a valid ground to deny the issuance of a passport. He further argues that the Hon’ble Apex Court in Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi and Others1, observed that the right to travel abroad is a part of personal liberty and cannot be deprived except according to the procedure established by law as per Article 21 of the Constitution of India. 1 AIR 1967 SC 1836 4 JS,J W.P.No.26189/2025 4. On the other hand, the learned Assistant Government Pleader for Home submits that the learned Judicial Magistrate of First Class, Kotabommali, took cognizance of the case in C.C.No.499 of 2025. Therefore, the petitioner should approach the competent Court for renewal of passport. 5. The learned counsel for the petitioner, in reply, submitted that liberty may be granted to the petitioner to approach the jurisdictional Court. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the petitioner to approach the jurisdictional Court and file an application for renewal of his passport. Upon filing such an application, the jurisdictional Court shall pass an appropriate order specifying the period, in accordance with Rule 12 of the Passport Rules, 1980. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 23.09.2025 KAS 5 JS,J W.P.No.26189/2025 189 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26189/2025 Dated: 23.09.2025 KAS