■•>3- APHC010508992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) jv FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26289 OF 2025 n 531 .:5 'O & Between: Maddu Gummurty, S/o. Appalaswamy Maddu, Aged 38 Years, Occ; Private Job, R/o. 2-124, Ummilada Village of Santhabommali Mandal, Srikakularn, A.P. - 532 430. ...Petitioner AND 1. The Regional Passport Officer, Visakhapatnam, Near P.F. Office Beside Rythu Bazar, Marripalem, VUDA Lay out NAD Post, Visakhapatna A.P. -530009. 2. Union of India Ministry of External Affairs Rep. by the Secretary, 23 D. Janpath Rd Rajpath Area, Central Secretariat New Delhi India. 3. The Superintendent of Police, District Police Office, Srikakularn District, A.P. 4. The S.H.O. Woman P.S, Srikakularn, Srikakularn District, A.P. m. Srikakularn, ...Respondent 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 Mandamus under Article 226 of the Constitution of India, declaring the action of the Respondent No.1 in withholding the issuance/renewa l of the my Passport bearing N0.N6110509 the ground of pendency of criminal on r proceedings as illegal, arbitrary, unconstitutional and violative of Articles 14, 19(1)(d), 19(1)(g) and 21 of the Constitution of India; and consequently direct the Respondent No.1 to forthwith issue /renew my Passport by duly taking into consideration the interim stay order granted by this Hon’ble Court in CrI.P No.8290 of 2025, dated.11.08.2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant an interim direction to the Respondent No.1 to forthwith process and renew my Passport bearing No.N6110509, without reference to the pendency of the criminal proceedings, in view of the interim stay of trial proceedings granted this Hon’ble Court in CrI.P. No.8290 of 2025, dated.11.08.2025. Counsel for the Petitioner: SRI K.SATYA SREENIVASA RAO Counsel for the Respondent Nos.1 & 2 : SRI PELLETI RAJESH KUMAR, CENTRAL GOVT. COUNSEL Counsel for the Respondent Nos.3 & 4 : GP FOR HOME The Court made the following order: APHC010508992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) t [3459] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26289/2025 Between: 1. MADDU GURUMURTY, GH ...PETITIONER AND 1. THE REGIONAL PASSPORT OFFICER ...RESPONDENT 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 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 Respondents 4, and 7 not to Interfere or Call for the petitioner to the Police Station or harass in connection with the Civil Dispute in between the Petitioner and the 5‘"Un-official Respondent in Lok Adalat Case No.144/2022 in C.C. No.430/2022 dated 26th June, 2022 passed before the Lok Adalat Bench At Bheemunipatnam as well as Amount Covered in E.P. No.23/2023 on the file of II Additoinal Junior Civil Judge Bheemunipatnam, Visakhapatnam pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.SATYA SREENIVASA RAO K Counsel for the Respondent: 1.PELLETI RAJESH KUMAR .. - 2 JS.J W P No 26289/2025 ^ V) The Court made the following ORDER: Heard learned counsel for the petitioner and Sri Pelleti Rajesh Kumar, learned Central Government Standing Counsel appearing for respondent Nos.1 and 2. 2. The petitioner is employed in the Merchant Navy as a Seaman and holds a passport bearing No. N6110509. He applied for the renewal of his passport under Application No. 25-1002847615. However, the application rejected on the ground that C.C. No. 327 of 2025 is pending before the learned Judicial Magistrate of the First Class - Principal Junior Civil Judge, Srikakulam against the petitioner. was 3. Learned counsel for the petitioner submits that the petitioner was falsely implicated in C.C. No.327 of 2025 by his brother’s wife, and he has filed a criminal petition vide Crl.P.No.8290 of 2025. This Court was pleased to dispense with the petitioner’s appearance. He also states that the mere pendency of criminal cases is not a valid reason to deny the issuance of a passport. Furthermore, he argues that the Hon’ble Supreme Court in Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi and Others' observed that the right to travel abroad is part of personal liberty and cannot be deprived except in accordance with the procedure established by law, as per Article 21 of the Constitution of India. 4. On the other hand, Sri Pelleti Rajesh Kumar, learned Central Government Standing Counsel appearing for respondent Nos.1 and 2, submits that a show cause notice was issued on 29.08.2025 calling for the explanation from the petitioner. The petitioner, without submitting his explanation, has directly approached this Court. AIR 1967 SC 1836 3 I; i ' ( JS.J W P No 26289/2025 The learned counsel for the petitioner, in reply, submits that there are no allegations in the charge sheet filed by respondent No.3, and liberty may be granted to the petitioner to approach the jurisdictional Court. A perusal, of the order dated 11.08.2025 in Crl.P.No.8290 of 2025 shows that this Court, while dispensing with the presence of the petitioner, has directed the trial Court not to proceed against the petitioner (A-10) until further orders. As the matter is sub judice, this Court, while noting that cognizance has already been taken by the Judicial Magistrate of the First Class-Cu Principal Junior Civil Judge, Srikakulam, considers it appropriate to dispose of the writ petition. 5 6. m- 7. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the petitioner to approach the Jurisdictional Court and file an application for renewal of his pdssport. Upon filing such an application, the jurisdictional Court shall pass an appropriate order specifying the period, in accordance with Rule 12 of the Passport Rules, 1980. However, it is open to the petitioner to submit his explanation to the show cause notice dated 29.08.2025 within two (2) weeks from the date of receipt of a copy of this order. On such explanation, the respondents shall consider and pass appropriate orders within four (4) weeks thereafter. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Regional Passport Officer, Visakhapatnam, Near P.F. Office Beside Rythu Bazar, Marripalem, VUDA Lay out NAD Post, Visakhapatnam, A.P. - 530009. 2. The Secretary, Union of India Ministry of External Affairs, 23 D. Janpath Rd Rajpath Area, Central Secretariat New Delhi India. 3. The Superintendent of Police Srikakulam District, A.P. District Police Office, Srikakulam, 4. The S.H.O, Woman P.S, Srikakulam, Srikakulam District, A.P. 5. One CC to Sri K. Satya Sreenivasa Rao, Advocate [OPUC] 6. One CC to Sri Pelleti Rajesh Kumar, Central govt. Counsel [OPUC 7. Two CC to GP for Home, High Court of Andhra Pradesh. (OUT) 8. Two CD Copies Cnr 1. % HIGH COURT t. DATED;26/09/2025 ORDER WP NO. 26289 OF 2025 ml, w \ 1 nn ?925 Ounen- section * O t ‘‘ ..• /' DISPOSING OF THE W.P. WITHOUT COSTS