APHC010677382025 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE 3459 PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.34974 OF 2025 Between: Bode Ramachandra Yadav @ Bode Ramachandra, S/o.B. Muneppa, Aged about 47 Years, R/o.D.No.6-108/2, K.K. Palyam, Punganur Town & Mandal, Chittoor District. --- Petitioner and 1. The Union of India, Rep. by its Secretary, Ministry of External Affairs, South Block, New Delhi. 2. The Passport Authority of India, Rep. by its Chief Passport Officer, PSP Division, Ministry of External Affairs, Room No.8, Patiala House, Tilak Marg, New Delhi-110001. 3. The Regional Passport Officer, Regional Passport Office, Vijayawada, 4th Floor, Stain Central, D.No.27-37-158, Governorpet, M.G. Road, Vijayawada-520002, A.P. 4. The Station House Officer, Punganur Police Station, Chittoor District. --- Respondents JS,J WP No.34974/2025 2 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 Writ of Mandamus declaring the action of the 3rd respondent in not considering petitioner?s application made for renewal of his passport vide letter application reference No. SCN/1049138024/25 (File No.VJ1077579968125) dated 30.04.2025 as being illegal and arbitrary and contrary to the petitioner's rights under Article 21 of the Constitution of India and violative of provisions of the Passports Act, 1967 and Passport Rules 1980 and consequently direct the respondents to renew and issue the passport to the petitioner forthwith. 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 3rd respondent to consider the application of the petitioner for renewal of his passport afresh, pending disposal of Writ Petition. Counsel for the Petitioner : Sri Rayalacheruvu Abhishek Reddy Counsel for the Respondents : G.P. for Home & Sri V. Venkata Naga Raju (Central Government Counsel) The Court made the following: JS,J WP No.34974/2025 3 ORDER: The present Writ Petition, under Article 226 of Constitution of India, is filed by the petitioner, seeking the following relief: <…..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, the action of the 3rd respondent in not considering petitioner’s application made for renewal of his passport vide letter application reference No.SCN/1049138024/25 (File No.VJ1077579968125) dated 30.04.2025 as being illegal and arbitrary and contrary to the petitioner’s rights under Article 21 of the Constitution of India and violative of provisions of the Passports Act, 1967 and Passport Rules 1980 and consequently direct the respondents to renew and issue the passport to the petitioner forthwith and pass such other order or orders …= 2. Heard Sri Rayalacheruvu Abhishek Reddy, learned counsel for the petitioner; Sri V. Venkata Naga Raju, learned Standing Counsel for the Central Government, appearing for respondents Nos. 1 and 2; and Sri P. Ajay Babu, learned Assistant Government Pleader for Home, appearing for the third respondent. The material on record has been perused. JS,J WP No.34974/2025 4 3. The petitioner has submitted an application to the third respondent under File No. VJ1077579968125 dated 30.04.2025, seeking renewal of his passport. The application remains pending due to an adverse police verification report. Furthermore, the investigating officers have filed charge sheets in C.C. No. 876 of 2022, C.C. No. 572 of 2022, and C.C. No. 179 of 2025, corresponding to Crime Nos. 8 of 2020, 193 of 2022, and 221 of 2024, respectively, before the 1st Additional Judicial Magistrate of 1st Class Court, Punganur. Additionally, Crime No. 169 of 2023, taken cognizance as Special Sessions Case No. 70 of 2023, the matter is pending before the I Additional District Judge, Chittoor. In 2022, the petitioner filed Criminal Petitions in Crime Nos. 397, 399, and 400 of 2022, under Crl.P. Nos. 9999, 10000, and 9979 of 2022, respectively, before this Court, which granted an interim stay of all further proceedings on 15.12.2022. Concerning Crime Nos. 20, 75, and 76 of 2024, charges have been filed; however, cognizance has not yet been taken by the relevant Court. Additionally, Crime No. 285 of 2023 was flagged as false by the police. 4. Learned counsel for the petitioner contends that the mere pendency of criminal proceedings does not bar the issuance of a passport to the petitioner. Additionally, it is submitted that a Division Bench of this Court, in W.A.No.383 of 2024, dated 29.10.2024, addressed this issue regarding the Court's cognizance in criminal cases concerning passport applications, and observed as follows: JS,J WP No.34974/2025 5 <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.= 5. Sri V. Venkata Naga Raju, the learned Standing Counsel for the Central Government representing respondents Nos.1 and 2, along with Sri P. Ajay Babu, the learned Assistant Government Pleader for Home representing the third respondent, submits that the investigating officers have filed charge sheets in C.C. No. 876 of 2022, C.C. No. 572 of 2022, and C.C. No. 179 of 2025, corresponding to Crime Nos. 8 of 2020, 193 of 2022, and 221 of 2024, respectively, before the 1st Additional Judicial Magistrate of 1st Class Court, Punganur. Additionally, Crime No. 169 of 2023, taken cognizance as Special Sessions Case No. 70 of 2023, the matter is JS,J WP No.34974/2025 6 pending before the I Additional District Judge, Chittoor. In 2022, the petitioner filed Criminal Petitions in Crime Nos. 397, 399, and 400 of 2022, under Crl.P. Nos. 9999, 10000, and 9979 of 2022, respectively, before this Court, which granted an interim stay of all further proceedings on 15.12.2022. Concerning Crime Nos. 20, 75, and 76 of 2024, charges have been filed; however, cognizance has not yet been taken by the relevant Court. Additionally, Crime No. 285 of 2023 was flagged as false by the police. Therefore, the petitioner is advised to approach the competent jurisdictional courts and file appropriate applications for the renewal of his passport. 6. Apart from the above discussion, in the case on hand, although the petitioner filed an Application on the file of the Court of the I Additional District and Sessions Judge, Chittoor, without pursuing it or approaching the concerned jurisdictional Magistrate Court, the petitioner has straight away approached this Court. The petitioner was expected to submit his proper explanation. This Court does not find, in the facts of this case, any infringement of the petitioner's right, if any, to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. 7. At this juncture, learned counsel for the petitioner would submit that the petitioner will approach the jurisdictional Courts concerned and file appropriate applications. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of with the following directions: JS,J WP No.34974/2025 7 (i) the petitioner is given liberty to approach the learned jurisdictional Courts and make appropriate applications in Special Sessions Case No.70 of 2023, on the file of the Court of I Additional District Judge, Chittoor; C.C. Nos.572 and 876 of 2022 & C.C. No.179 of 2025, on the file of the Court of I Additional Judicial Magistrate of I Class, Punganur. Upon making such applications, the learned jurisdictional Courts concerned shall pass appropriate orders, as per the Passports Act and the Rules, as expeditiously as possible. (ii) Insofar as the Crime Nos.20, 75 and 76 of 2024 are concerned, as the same were not taken cognizance by the jurisdictional Courts, the 3rd respondent shall renew/re-issue the passport of the petitioner, in pursuance of the orders passed by the jurisdictional Courts in Special Sessions Case No.70 of 2023; C.C. Nos.572 and 876 of 2022 & C.C. No.179 of 2025, without reference to the other Crimes. (iii) The petitioner shall appear before the jurisdictional Courts concerned as and when his presence is required. (iv) If the petitioner intends to go abroad, the petitioner shall necessarily get permission from the jurisdictional Courts. The petitioner shall not misuse the travel document. JS,J WP No.34974/2025 8 As a sequel, miscellaneous applications pending, if any, shall stand closed. No order as to costs. __________________________ JUSTICE SUMATHI JAGADAM Date:23.12.2025 DSH