APHC010568372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29440/2025 Between: 1. KOVURI SIVA RAM AKRISHNA REDDY, S/O.RAMA REDDY KOVVURI, AGED 50 YEARS, OCC-BUSINESS, R/O.10-158, THOTA STREET, MAHENDRAWADA, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT - 533342. ...PETITIONER AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT, RAISINA HILL, NEW DELHI-110001. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, MARRIPALEM, VUDA LAYOUT, VISAKHAPATNAM-530009. ...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 topleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus directing the Respondent No.2 to renew/reissue the Passport of the Petitioner as per File No. VS1075719804625 (previous Passport No. N6287230) forthwith, without raising any objection relating to the criminal case in Crime No.433/2020 of Kadiyam Police Station, East Godavari District, and further direct the Respondent No.2 not to insist for surrender or withhold of the Passport of the Petitioner, and to pass. 2 JS,J W.P.No.29440/2025 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 Pleased to direct the Respondent No.2 to renew/reissue the Passport of the Petitioner as per File No.VS1075719804625 (previous Passport No. N6287230) forthwith, pending disposal of the above Writ Petition, and to 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 pleased to permit the Petitioner to implead the proposed Respondent No.3 herein, as Respondent No.3 in the above Writ Petition No.29440/2025, and to pass Counsel for the Petitioner: 1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 1. The Court made the following: 3 JS,J W.P.No.29440/2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the Home Department. 2. The petitioner is engaged in a poultry medical distribution enterprise located at Duppalapudi Village, East Godavari District. 3. The petitioner possesses a passport with Passport No. N6287230, issued on February 15, 2016, and valid until February 14, 2026. 4. An application for passport renewal was submitted under Reference No. 25-106216411 on September 25, 2025, and the petitioner appeared before the passport authorities on October 30, 2025. 5. The renewal of the passport has been withheld due to the petitioner’s involvement in Crime No. 433 of 2020 at Kadiyam Police Station. 6. Though the crime was registered on 11.10.2020, the 3rd respondent has not yet filed the charge sheet. 7. Learned counsel further contends that the pendency of a criminal case alone does not constitute a valid ground for refusing the reissuance of a passport. 8. The Learned Assistant Government Pleader for Home, on instructions, submits that the petitioner is involved in Crime No. 433 of 2020 at Kadiyam Police Station, East Godavari District, which is currently under investigation. 4 JS,J W.P.No.29440/2025 9. The petitioner’s passport is valid until 14.02.2026. He filed an application for renewal to enable him to participate in a program organized by poultry industry organizations. The trip is scheduled from 29.12.2025 to 02.01.2026. Since his passport is likely to expire before the trip, he sought renewal, and the matter is still under investigation. 10. A Division Bench of this Court in W.A.No.383 of 2024, considered the said aspect of cognizance by the Court in criminal case vis-a-vis an application made for the issuance of a passport and observed as follows: 16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of „proceedings pending before a criminal Court,‟ which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967. 11. Accordingly, this Writ Petition is disposed of with a direction to the respondents to consider the petitioner's application for renewal of his passport without raising any objection regarding the pendency of Crime No. 433 of 2020 at Kadiyam Police Station, East Godavari District, forthwith. 5 JS,J W.P.No.29440/2025 12. However, this Order shall not prevent the Station House Officer of Kadiyam Police Station, East Godavari District, from taking any necessary steps to ensure the presence of the petitioner for the conduct of investigations related to the aforementioned crimes or for any other purpose. No order as to costs. As a sequel, miscellaneous pending applications, if any, shall stand closed. ___________________________ JUSTICE SUMATHI JAGADAM Date: 04.11.2025 SR 6 JS,J W.P.No.29440/2025 152 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29440/2025 Date: 04.11.2025 SR