APHC010539802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 28059/2024 Between: 1. CHINTAKAYALA VARUN, S/O. CHINTAKAYALA SANYASI PATRUDU, AGED ABOUT 34 YEARS, OCC BUSINESS, R/O.D.NO. 14-39, VELAMA VEEDHI, NEAR RAMALAYAMM, 4TH WARDS, NARSIPATNAM VILLAGE AND MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. REGIONAL PASSPORT OFFICE, VIJAYAWADA, OFFICE AT 4TH FLOOR, STALIN CENTRAL, D.NO. 27-37-158, GOVERNORPET, M.G. ROAD, VIJAYAWADA- 520002. 3. PASSPORT OFFICER, VISAKHAPATAM, NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEMVUDA LAY OUT, NAD POST, VISAKHAPATNAM-530009, ANDHRA PRADESH 4. THE STATION HOUSE OFFICER, NARSIPATNAM POLICE STATION, NARSIPATNAM VILLAGE AND MANDAL, ANAKAPALLI 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 pass an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos.2 and 3 in renewing the Passport No.K8544073 issued in my favour referring to Crime in SRS,J W.P.No.28059 of 2024 FIR No.529/2019 on the file of Narsipatnam Police Station, Narsipatnam Village, Anakapalli District registered for the offences punishable under Sections 323, 506, 509 R/w 34 of Indian Penal Code, 1860, without considering the application (file) No.VS 1075942325723 as illegal, arbitrary, contrary to the provisions of the Passport Act, 1967 and the well established legal principles laid down by this Honourable Court as well as the Honourable Apex Court from time to time apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14,19 and 21 of the Constitution of India and consequently direct the respondent No.2 and 3 to renew the Passport No.K8544073 issued in petitioners favour for a further period of 10 years without referring to the crime in FIR No.529/2019 on the file of Narsipatnam Police Station, Narsipatnam Village, Anakapalli District registered for the offences punishable under Sections 323, 506, 509 R/w 34 of Indian Penal Code, 1860, and pass IA NO: 1 OF 2024 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 No.2 to consider the File NO.VS1075942325723 for renewal of Passport No.K8544073 without referring to the crime in FIR No.529/2019 on the file of Narsipatnam Police Station, Narsipatnam Village, Anakapalli District registered for the offences punishable under Sections 323, 506, 509 R/w 34 of Indian Penal Code, 1860, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL) The Court made the following: :: ORDER :: Heard Sri B. Abhay Siddhanth, learned counsel for the petitioner, and Sri E. Anjana Reddy, learned panel counsel, appeared for respondents 1 to 3 SRS,J W.P.No.28059 of 2024 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondent No.4. 2. The petitioner made an application seeking renewal of the passport vide File No.VS1075942325723 before respondent No.3. However, respondent No.3 has not renewed/reissued the passport. 3. Sri Ajana Reddy, learned panel counsel appearing for respondent No.3, would submit that two notices dated 02.02.2024 were issued to the petitioner, due to an adverse police verification report. Later, a remainder was issued on 26.06.2024. However, the petitioner failed to submit any explanation. 4. Sri Ajay, learned Assistant Government Pleader, would submit that a case in Cr.No.529 of 2019 of Narsipatnam Town Police Station was registered against the petitioner. Later, the Sub-Divisional Police Officer, Narsipatnam, by Memo in C.No.239/C-4/SDPO-NPM/2025, dated 27.05.2025, granted permission to refer the aforementioned crime as „INSUFFICIENT EVIDENCE‟ and the C.D file was returned to Narsipatnam Town Police Station to take further action. 5. The Hon‟ble Apex Court in Maneka Gandhi v. Union of India1, 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. 6. The Hon‟ble Apex Court in its decision reported in Satish Chandra Verma v. Union of India (UOI) and others2, observed as under: "The right to travel abroad is an important basic human right for it nourishes independent and self-determining creative character of the individual, not only by extending his freedoms of action, but also by extending the scope of his experience. The right also extends to private life; marriage, family and 1 (1978) 1 SCC 248): AIR 1978 SC 597 2 (2019) Supreme (SC) 1516 SRS,J W.P.No.28059 of 2024 friendship which are the basic humanities which can be affected through refusal of freedom to go abroad and this freedom is a genuine human right." 7. The Hon‟ble Apex Court in Sumit Mehta v. State of NCT of Delhi3, observed 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.” 8. Given the facts and circumstances of the case, the Writ Petition is disposed of at the admission stage, directing respondent No.3 to renew/re- issue passport to the petitioner as expeditiously as possible, in pursuance of the application made by the petitioner, without reference to Crime No.529 of 2019 of Narsipatnam Town Police Station keeping in view Rule 12 of the Passport Rules 1980. If the petitioner intends to travel outside India, the petitioner shall get permission from the jurisdictional court. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 30.06.2025 TVN 3 2013 (15) SCC Page 570 SRS,J W.P.No.28059 of 2024 181 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.28059 OF 2024 Date : 01.07.2025 TVN