APHC010578002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30912/2025 Between: 1. CHINNARAMBABU MAILIPILLI, S/O KURAMAYYA, AGED ABOUT 37 YEARS, OCC. PUMP MAN (SEAMAN), R/O D.NO.6-324, MATSYALESAM VILLAGE, GARA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS,REP BY ITS PRINCIPAL SECRETARY,SOUTH BLOCK, NEW DEIHI-110 001. 2. THE REGIONAL PASSPORT OFFICER, VISAKHAPATNAM, NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM,VUDA LAYOUT, NAD POST,VISAKHAPATNAM-530009. 3. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,HOME DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI. ...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 an appropriate writ or order or direction, more particularly one in the nature of Writ of Mandamus declaring the proceedings vide Letter Ref.No.SCN/1050001112/25 Dated 04.09.2025 issued by the 2nd Respondent whereby insisting the Petitioner to produce NOC and clearance orders from the concerned court for providing Passport facilities to travel abroad to the Petitioner for his Passport bearing No. N6110214 as being illegal, arbitrary and contrary to the provisions of the Passports Act, 1967 and 2 JS,J W.P.No.30912/2025 the Passports Rules, 1980 and also in violation of Article 21 of the Constitution of India and consequently direct the 2nd Respondent to provide Passport facilities by renewing the Passport bearing No. N6110214 of the Petitioner without insisting for Court Acquittal Order or No Objection Certificate(NOC) from the Court and pass 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 2nd Respondent to provide Passport facilities by renewing the Passport bearing No. N6110214 of the Petitioner without insisting for Court Acquittal Order or No Objection Certificate (NOC) from the Court and pass Counsel for the Petitioner: 1. P RAJKUMAR Counsel for the Respondent(S): 1. GP FOR HOME 2. TENEPALLI NIRANJAN ( SC FOR CENT GOVT) ) 3 JS,J W.P.No.30912/2025 The Court made the following ORDER: Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Home. 2. The petitioner is working as pump man in a private agency holding passport bearing No.N6110214 which expires on 02.02.2026. He made application for renewal of passport on 02.07.2025 under file No.VS8075271464225 and the same was rejected on the ground that C.C.No.6611 of 2022 is pending against the petitioner. 3. Learned counsel for the petitioner submits that the petitioner was listed as Accused No.2 in a private complaint. The 3rd respondent, the police, has submitted a charge sheet, vide C.C. No. 6611 of 2022, on the file of the Additional Judicial First Class Magistrate, Visakhapatnam. Learned counsel for the petitioner would submit that mere pendency of criminal cases is not a bar to issue passport to the petitioner. 4. On the other hand, the learned Assistant Government Pleader for Home submits that the learned Additional Judicial First Class Magistrate, Visakhapatnam, took cognizance of the case in C.C.No.6611 of 2022. Since the competent criminal Courts have taken cognizance, the petitioner has to approach the concerned jurisdictional Magistrate Courts. 5. A Division Bench of this Court in W.A. No.383 of 2024, considered the said aspect of cognizance by the Court in a criminal case vis-à-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. 4 JS,J W.P.No.30912/2025 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.” 6. The Criminal Courts have taken cognizance and posted the case for issuance of summons. Therefore, the petitioner has to approach the jurisdictional Courts and make an appropriate application. 7. Apart from the above discussion, in the case on hand, the petitioner without approaching the concerned jurisdictional Magistrate Courts, has straightaway approached this Court. The petitioner was expected to submit his explanation. This Court does not find, in the facts of this case, infringement of right, if any, of the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. At this juncture, the learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Magistrate Court concerned. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to approach the learned jurisdictional criminal Court and make an appropriate application. If such an application is filed, the learned jurisdictional Court concerned shall consider the same and pass appropriate orders, as per the Passports Act and the Rules, as expeditiously as possible. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 17.11.2025 KAS 5 JS,J W.P.No.30912/2025 180 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 30912/2025 Dated: 17.11.2025 KAS