IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9952 OF 2025 Between: Penchalaiah Itta, S/o Rudra Murthy Itta, aged about 58 years, R/o 11-56 Tadepalli, Guntur - 522501, Andhra Pradesh, India ...PETITIONER AND 1. The Union of India, Ministry of External Affairs, rep by its Regional Passport Officer, Regional Passport Office, Beside Rythu Bazar, Marripalem VUDA Layout, NAD Post, Visakhapatnam - 530009, Andhra Pradesh. 2. The Regional Passport Office, rep by its Regional Passport Officer, 4th Floor, Stalin Central, D. No. 27-37-158, Governorpet, M.G. Vijayawada - 520002, Andhra Pradesh. 3. The Sub-Divisional Police Officer, North Sub-Division, Mangalagiri, Guntur District, Andhra Pradesh. 4. The Circle Inspector of Police, Tadepalli Police Station, Guntur District, Andhra Pradesh. 5. The Station House Officer, Tadepalli Police Station, Guntur District, Andhra Pradesh. RR 3 to 5 are impleaded as per the Court's Order dt.24.04.2025 in I.A.No. 02 of 2025 in Writ Petition and Affidavit. Road, ...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 a Writ or order or direction more particularly one in the nature Writ of Mandamus declaring the inaction of the respondents in processing the application for re- issuance of passport bearing No. K3155294, pursuant to VJ2074039260122 dated Application Receipt Reference No. 16-03-2022, as illegal arbitrary and unconstitutional and consequently, direct the 2nd respondent to process and issue the passport forthwith. lA 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 process the application of the petitioner dated 03-12-2024 for re-issuance of passport forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI NANI BABU ROBBA Counsel for the Respondent Nos. 1 & 2: SRI THENEPALLI NIRANJAN (SC FOR CENTRAL GOVT) Counsel for the Respondent Nos. 3 to 5: GP FOR HOME The Court made the following: ORDER APHC010188462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 9952/2025 Between: Penchalaiah Itta ...PETITIONER AND The Union Of India and Others Counsel for the Petitioner: 1.NANI BABU ROBBA Counsel for the Responde.nt(S): 1.THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT The Court made the following: ...RESPONDENT(S) "ORDER:: Heard Sri Nani Babu Robba, learned counsel for the petitioner; Sri Niranjan, learned standing counsel for respondents 1 and 2, and Sri Ajay, learned Assistant Government Pleader for Home, for respondents 3 to 5. The above writ petition is filed to declare the action of respondent No. 2 in not renewing/reissuing passport bearing No K3155294, in pursuance of the petitioner’s application, as illegal and arbitrary. 2. 3. Learned counsel for the petitioner would submit that the petitioner made an application for the re-issuance of a passport, vide application Nos. F.No. VJ2074039260122 on 16.03.2022. Later, made another application % W.P.No.9952 of F.NO.VJ2077172616924 dated 03.12.2024. The authority, without processing the application, issued a shortfall notice dated 04.01.2025 to the petitioner. Learned counsel for the petitioner would submit that no criminal cases are pending against the petitioner. Learned Assistant Government Pleader for Home, on instructions, would submit that four criminal cases registered against the petitioner. He would submit that insofar as C.C.Nos.851 of 2009 and 690 of 2010 on the file of learned AJCJ, Mangalagiri, Guntur, are concerned, the petitioner, was acquitted on 01.02.2010 and 09.08.2011, respectively; the criminal case in C.C.No.347 of 2019, on the file of learned AJCJ, Mangalagiri, Guntur compromised on 13.07.2019 and in respect of crime No.451 of 2020, the case was referred to as a ‘Mistake of Facts’ vide C.No.261/SDPO-North/Refer-2024 dated 28.10.2024. Thus, no criminal cases are pending against the petitioner as of the date of application. 4. was Learned standing counsel for respondents 1 and 2, on instructions, would submit that respondent No.2 addressed a letter to the petitioner to furnish a clearance certificate regarding the criminal cases, and since no certificate was produced by the petitioner, the passport was not renewed. 5. 6. As seen from the instructions of the learned Assistant Government Pleader for Home, no criminal cases are pending against the petitioner as on the date of application filed by the petitioner, as also today and hence, insisting the petitioner to get a clearance certificate regarding the criminal cases, doesn’t arise. The Hon’ble Apex Court in Sumit Mehta vs. State of NCT of Delhi^ held that the law presumes an accused to be innocent till his guilt is proved. As a presumable innocent person, he is entitled to all the fundamental rights, including the right to liberty guaranteed under Article 21 of the Constitution of India. 7. (2013) 15 see 570 SRS,J ge 3 of 4 W.P.No,9952of 2025 The Apex Court in Menaka Gandhi vs. Union of India and another^; and Satish Chandra Verma vs. Union of India (UOI) and others , held that the right to travel abroad is a part of personal liberty. 9. Given the above facts and circumstances of the case, this Writ Petition is disposed of at the admission stage, directing respondent No.2 to pass appropriate orders regarding re-issuance of passport to the petitioner in pursuance of applications made by the petitioner on 03.12.2024, strictly as per the provisions of the Passports Act 1967 and the Rules 1980 specially Rule 12 of the Rules regarding the period. No costs, sequel, pending miscellaneous petitions, if any, shall stand closed. 8. 16.03.2022 and As a ^ AIR 1978 SC 597 ^ 2019 (2) see Online SC 2048 SD/- M.S.V. NAVEEN CHANDRA DEPUTY registrar //TRUE COPY// S N OFFICER To 1. The Regional Passport Officer, Union of India, Ministry of External Affairs, Regional Passport Office, Beside Rythu Bazar, Marripalem VUDA Layout, NAD Post, Visakhapatnam - 530009, Andhra Pradesh. 2. The Regional Passport Officer, Regional Passport Office, 4th Floor, Stalin Central, D. No. 27-37-158, Governorpet, M.G. Road, Vijayawada - 520002, Andhra Pradesh. 3. The Sub-Divisional Police Officer, North Sub-Division, Mangalagiri, Guntur District, Andhra Pradesh, 4. The Circle Inspector of Police, Tadepalli Police Station, Guntur District, Andhra Pradesh. 5. The Station House Officer, Tadepalli Police Station, Guntur District, Andhra Pradesh. 6. One CC to Sri Nani Babu Robba, Advocate [OPUC] 7. One CC to Sri Thenepalli Niranjan (SC for Central Govt) Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Three CD Copies TF HIGH COURT DATED:06/05/2025 ORDER WP.No.9952 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS