APHC010505112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26218/2025 Between: 1. ZAMEER ALI KHAN DESHMUKH, S/O. ALI NAWAZ KHAN, AGED ABOUT 70 YEARS, OCC BUSINESS, R/O.D.NO.3-162, BAZAR STREET, GURRAMKONDA, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF EXTERNALAFFAIRS, SOUTH BLOCK SECRETARIAT, RAISINA HILLS, NEW DELHI. 2. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, AT 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOVERNORPET, M.G. ROAD, VIJAYAWADA ANDHRA PRADESH. 3. 3. THE STATION HOUSE OFFICER, GURRAMKONDA POLICE STATION, GURRAMKONDA, ANNAMAYYA 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 a Writ of Mandamus declaring the action of the 2ND Respondent in not reissuing the Passport in pursuance of the petitioners application for reissuance of passport bearing No. M9106079 vide file No. VJ4075409808625, (Application reference No. 25-1054549919) dated 2 JS,J W.P.No.26218/2025 29.07.2025 on the ground FIRs are registered and investigation is pending against the petitioner as illegal, arbitrary, unjust, unreasonable and violative of Articles 14, 19 and 21 of the Constitution of India and contrary to the provisions of Passport Act, 1967 and consequently direct the Respondents to renew the passport bearing No. M9106079 of the petitioner forthwith 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 Pleased to direct the 2 Respondent to renew/reissue the petitioner’s passport bearing No. M9106079 vide file No. VJ4075409808625, (Application reference No. 25-1054549919) dated 29.07.2025 without reference to the criminal cases, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K NARSI REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL) 3 JS,J W.P.No.26218/2025 The Court made the following ORDER: The petitioner's case, in brief, is that the petitioner was issued a passport bearing No. M9106079, dated 15.05.2015, for ten years period. On 29.07.2025, the petitioner has submitted an application for renewal of passport vide file No.VJ4075409808625. Pursuant to his application, the respondent authorities have not processed his application due to the submission of an adverse verification report by the Police i.e., his involvement in Crime No.48 of 2024 on the file of Gurramkonda Police Station, Annamayya District. 2. Learned counsel for the petitioner would submit that mere pendency of criminal cases is not a bar to issue passport to the petitioner and in support of his contention, learned counsel for the petitioner relied on the judgment, dated 29.10.2024, wherein 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. 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 4 JS,J W.P.No.26218/2025 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.” 3. At the hearing, Sri P. Ajay Babu, learned Assistant Government Pleader for Home, appearing on behalf of the respondent No.3, submits that the concerned Police with regard to Crime No.48 of 2024 on the file of Gurramkonda P.S. filed charge sheet on the file of the Judicial Magistrate of First Class Court, Vayalpad vide C.C. No.99 of 2024. Since the competent criminal Court has taken cognizance, the petitioner has to approach the concerned jurisdictional Magistrate Court. 5. In the case on hand, C.C.No.99 of 2024 on the file of the Judicial Magistrate of First Class, Vayalpad is pending trial. The Criminal Court has taken cognizance. Once the criminal Court has taken cognizance, the petitioner has to approach the jurisdictional Court and make an appropriate application. 6. Apart from the above discussion, in the case on hand, the petitioner, without approaching the concerned jurisdictional Magistrate Court, 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. 7. Given the facts and circumstances of the case, the Writ Petition is disposed of giving liberty to the petitioner to approach the jurisdictional criminal Court and make an appropriate application. If such an application is filed, the learned jurisdictional Magistrate shall consider the same and pass 5 JS,J W.P.No.26218/2025 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 Date: 10.12.2025 KAS 6 JS,J W.P.No.26218/2025 186 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26218/2025 Date: 10.12.2025 KAS