APHC010558762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29117/2024 Between: 1. PEDDINENI NAVEEN, S/O P SRINIVASARAO, AGED ABOUT. 25 YEARS, OCC. STUDENT, R/O 5-213, PULIPADU, GURAZALA MANDALAM, PALNADU DISTRICT, 522415. ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, THROUGH ITS SECRETARY, JANPATH RD RAJPATH AREA CENTRAL SECRETARIAT NEW DELHI INDIA. 2. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI. 3. THE REGIONAL PASSPORT OFFICER, M.G ROAD (BUNDAR ROAD), 0PP. RADIO STATION (AIR), VENKATESWARA THEATRE COMPLEX, VIJAYAWADA. 4. THE SUB DIVISIONAL POLICE OFFICER, NARASARAOPET, GURAZALA SUB DIVISION. ...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 tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of a writ of Mandamus, declaring the action of the Respondents in not issuing the passport in accordance to the Passports SRS,J W.P.No.29117 of 2024 Act and the law settled on the aspect and consequently direct the respondent No. 3 to issue the passport 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 may be pleased to direct the respondent to issue the passport without having regard to the Crime No: 121 of 2024 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KARUMANCHI INDRANEEL BABU Counsel for the Respondent(S): 1. MALLAMPALLI SRINIVAS(CENTRAL GOVT COUNSEL) 2. GP FOR HOME The Court made the following: :: ORDER :: Heard Sri Karumanchi Indraneel Babu, learned counsel for the petitioner; Sri M. Srinivas, learned panel counsel for respondents 1 and 3 and Sri Ajay, learned Assistant Government Pleader for Home, for respondents 2 and 4. 2. The above writ petition is filed to declare the action of the respondents in not issuing the passport in pursuance of the application made by the petitioner vide file No.VJ2066699466724 dated 01.07.2024, is illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner made an application for the issuance of a passport. However, without processing the application, a shortfall notice was issued to the petitioner, because of the adverse police verification report, wherein it was pointed out regarding the petitioner’s involvement in crime No.121 of 2024 of Gurazala Town Police Station, registered for the offences punishable under Sections 323, 506, 509 SRS,J W.P.No.29117 of 2024 read with 34 of IPC and 156 (3) of Cr.P.C. He would submit that mere pendency of a criminal case is no bar to the issuance of a passport. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that crime No.121 of Gurazala Town Police Station was referred to as ‘false’. He would further submit that in crime No.156 of 2022, registered for the offences punishable under Sections 323, 324, 509 read with 34 of IPC, on the file of Gurazala Urban Police Station, the petitioner was shown as accused No.4. However, during investigation since no prima facie case was established against the petitioner, his name was deleted from the list of accused. 5. Thus, as seen from the instructions of the learned Assistant Government Pleader for Home, since no criminal cases are pending against the petitioner, there is no legal impediment to issue the passport to the petitioner. 6. Section 6 of the Act deals with the refusal of passports, travel documents etc. Section 6(2)(f), which is relevant, is extracted hereunder: “6. Refusal of passports, travel documents. etc. --- (2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: - --- (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; --- 7. The Hon’ble Apex Court in Sumit Mehta vs. State of NCT of Delhi1 held that 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, 1 (2013) 15 SCC 570 SRS,J W.P.No.29117 of 2024 including the right to liberty guaranteed under Article 21 of the Constitution of India. 8. The Apex Court in Maneka Gandhi vs. Union of India and another2; and Satish Chandra Verma vs. Union of India (UOI) and others3, held that the right to travel abroad is a part of personal liberty. 9. Given the above facts and circumstances of the case, this Writ Petition is disposed of at the admission stage, directing respondent No.3 to consider the aforementioned application made by the petitioner for issuance of passport, strictly as per the provisions of the Passports Act 1967, without reference to the crimes mentioned above, keeping in view Rule 12 of the Passport Rules 1980. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 08.07.2025 IKN 2 AIR 1978 SC 597 3 (2019) Supreme (SC) 1516 SRS,J W.P.No.29117 of 2024 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29117/2024 Date: 08.07.2025 IKN