IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 22107 OF 2024 Between: Bonthu Siva Sankara Reddy, Aged about 67 years, R/o, 14-5, Nunna, Vijayawada, Krishna District(Presently NTR District). ...PETITIONER AND 1. The Union of India, Ministry of External Affairs, Rep by its Secretary New Delhi. 2. The Regional Passport office. Rep by its Regional Passport officer, Vijayawada, Krishna District(Presently NTR District) 3. The Station House officer, Ajith Singh Police Station, Vijayawada, Krishna District(Presently NTR District) ...RESPONDENTS ^ 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 any writ or order or direction more particularly nature of Writ of Mandamus declaring the action of the 2 one in the nd respondent in renew my passport bearing No .M0061356 for a period of one year instead of ten years as illegal and arbitrary and consequently direct the 2 respondent to renew my above mentioned passport for a period of ten years in the interest of justice. nd lA 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 2"*^ respondent to renew my passport bearing no.M0061356 for a period of ten years instead of one year pending the writ petition in this Hon'ble Court. Counsel for the Petitioner: SRI RAJA REDDY KONETI Counsel for the Respondent Nos.1 & 2: SRI THENEPALLI NIRANJAN SC FOR CENTRAL GOVT. Counsel for the Respondent No.3: GP FOR HOME The Court made the following: ORDER APHC010423792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY WRIT PETITION NO: 22107/2074 ■-"i'K-n- [3331] SATTI Between: 1.BONTHU SIVA SANKARA REDDY, AGED ABOUT-67 YEARS R/0 DISTR^CtT^’ KRISHNA DISTRICT(PRESENTLY ’ NTR ...PETITIONER AND 1.THE UNION OF INDIA, MINISTRY OF EXTERNAL ITS SECRETARY, NEW DELHI. 2.THE REGIONAL PASSPORT OFFICER, DISTRICT(PRESENTLY NTR DISTRICT) 3. THE STATION HOUSE OFFICER, AJITH SINGH POLICE STATION VIJAYAWADA, KRISHNA DISTRICT(PRESENTLY NTR 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 pleased o issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent renew my passport bearing No .M0061356 for a period of one year^stead of ten years as illegal and arbitrary and consequently direct the 2nd respondent ^ -rs ,n the^nterest AFFAIRS, REP BY OFFICE, REP BY ITS REGIONAL KRISHNA PASSPORT VIJAYAWADA, in . t U--- SRS,J W.P.No.22107 of 2024 lA 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 2nd respondent to renew my passport bearing no:M0061356 for a period of ten years instead of one year pending the writ petition in this Hon'ble Court and pass Counsel for the Petitioner: 1.RAJA REDDY KONETI Counsel for the Respondent(S): 1.THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2.GP FOR HOME The Court made the following: :: ORDER;: The above writ petition is filed to declare the action of respondent No.2 in re-issuing the passport bearing No.M0061356 for one year i.e. from 26.06.2024 to 25.06.2025, is illegal and arbitrary and violative of Rule 12 of the Passport Rules, 1980 (hereinafter referred to as ‘the Rules’). 2. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner, and Sri T. Niranjan, learned Standing Counsel, appeared for respondents 1 & 2 and Sri Ajay, learned Assistant Government Pleader for Home, appeared for respondent No.3. The petitioner, holding a passport bearing No.M0061356 issued on 10.07.2014 for 10 years. Before the expiry of the passport, the petitioner made an application seeking reissue. The police submitted the verification report to respondent No.2, informing that a case in Cr.No.550 of 2017 for the offence punishable under Section 498-A of IPC, is pending against the petitioner and 3. Page 3 of 7 SRS.J W.P.No.22107 of 2024 his family members. After investigation, the police filed a final report/charge sheet before the learned IV Addl. Chief Metropolitan Magistrate, Vijayawada and the same was numbered as C.C.No.2697 of 2023. The trial in the criminal has not been commenced. The petitioner initially filed W.P.No.7018 of 2024 and the same was disposed of, directing him to approach the jurisdictional Court. Thereafter, the petitioner approached the jurisdictional Court and filed Crl.M.P.No.1717 of 2024. The learned Magistrate issued No Objection Certificate for the renewal of the passport. Thereafter, respondent No.2 issued the passport for one year. Learned counsel for the petitioner would submit that Rule 12 of the Rules mandates that the duration of a passport shall be for 10 years. However, without considering the same, despite the order by the jurisdictional court, the passport was issued for one year. Sri T. Niranja, learned Standing Counsel appearing for respondents 1 & 2 would submit that since no time was mentioned by the jurisdictional Magistrate in Crl.M.P.No.1717 of 2024 in C.C.No.2697 of 2023, respondent No.2 will reissue the passport for one year as per the guidelines. The facts narrated are undisputed. The grievance is renewing a passport one year after the Court order. Sections 7 & 8 of the Passport Act, 1967 relevant are extracted hereunder: case 4. 5. 6. Duration of travel document. 7. A passport or travel document shall, unless revoked earlier, continue in force for such period as may be prescribed and different periods may be prescribed for different classes of passports or travel documents or for different categories of passports or travel documents under each such class: SRS,J W.P.No.22107 of 2024 Provided that a passport or travel document may be issued for a the prescribed period-(a) if the person by whom it is or(b) If the passport authority, for reasons to be the applicant, considers in any case that the travel document should be Issued for a shorter period. shorter period than required so desires; communicated in writing to passport or 8. Extention of period of passport passport is issued for a shorter period than the prescribed period under section 7, such shorter period shall, unless the passport authority for reasons determines, be extendable for a further period (which together with the shorter period shall not exceed the prescribed period) and provision of this Act shall apply to such extension as they apply to the issue thereof." Where a to be recorded in writting otherwise the duration of passports or travel Rule 12 of the Rules also envisages documents. As per other than children below the age of 15 years 7. Rule 12 (1) of the Rules, an ordinary passport for persons shall be in force for ten years from the date of its issue. External Affairs issued notification vide G.S.R.570 (E) conferred by clause (a) of Section 22 The Ministry of 8. dated 25.08.1993, in exercise of powers of the Passports Act, 1967. The circular prescribes certain guidelines concerning the cases pending against the citizen qua issuance of a passport. The relevant portion of said notification is extracted hereunder: the passport to be issued to every such citizen shall be issued (a) order of the court referred to above, if for the period specified in the court specifies a period for which the passport has to be issued; or (i) period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year; if no (ii) 'N SRS.J W.P.No.22107 of 2024 in terms of (a) (i) above can be further the basis of a fresh court order specifying a further any passport issued renewed only on period of validity of the passport or specifying a period of travel abroad (c) fundamental right. It is an acknowledged short-term passport, the applicant faces difficulties To hold a passport is a position that, because of a in obtaining a visa passport for a short term under Sections 7 & 8 of the Act. 9. from certain countries. Whenever the authority issues a ) , the authority shall indicate the reasons as mandated Mere pendency of a criminal case does not mean that the charges have been proved. Unless the charges are proved, the petitioner is presumed to be innocent. Any restriction by the authority in issuing a passport for a shorter passport. Of course, the 10. period will definitely defeat the very issuance of a Court must mention the time while allowing the petition, which will remove the ordeal. While this Court doesn't find any irregularity, however, in the facts of as mandated under Section any prejudice to the authority or the 11. this case, if the passport is renewed for 10 years 12 of the Rules, it would not cause complainant in the criminal case. Crl.M.P.No.1717 of 2024 in Since the jurisdictional Court in C.C.No.2697 of 2023 on 12. the file of the learned IV Addl. Chief Metropolitan ordered the application, the authority shall consider Magistrate, Vijayawada issuing a passport for 10 years. If the petitioner intends to leave, he shall get permission from the jurisdictional Court. Given the facts and circumstances of the case, the Writ Petition is allowed. Respondent No.2 shall reissue the passport bearing NO.Y3964587 to mandated under Rule 12 of the Rules. In fact, 13. the petitioner for 10 years, as mere issuance of the passport will not give any right to the petitioner to leave SRS.J W.P,No 22107 of 2024 the Country, pending a criminal case, without getting jurisdictional Court. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. permission from the SD/- SHAIK WIOHD I^Fl assistant REGISTRAR //TRUE COPY// tion officer 1. The Secretary, Ministry of External Affairs, Union of India, New Delhi. 2. The Regional Passport Officer, Regional Passport Office, Vijayawada, Krishna District(Presently NTR District) 3. The Station House Officer, Ajith Singh Police Station, Vijayawada, Krishna District(Presently NTR District) 4. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 5. One CC to Sri Thenepalli Niranjan, SC for Central Govt. 6. Two CC’s to GP for Home. High Court of A.P. at Amaravati[OUT] 7. Three CD Copies. To. [OPUC] ssb '—> n% HIGH COURT DATED:07/04/2025 ORDER * 1S.MAY-202!> ^ . Current Section WP.No.22107 of 2024 % ALLOWING THE W.P. WITHOUT COSTS