-1- W.P. No.31899 OF 2025 Date of order: 18.11.2025 APHC010612332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO:31899/2025 Between: Kethireddy Jagadeswara Reddy ...PETITIONER AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Sri KOMARA PRUDHVI RAJ Counsel for the Respondent(S): 1. Ld. GP FOR HOME 2. Sri M.Srinivas, Ld. Standing Counsel for the 2nd respondent The Court made the following: -2- W.P. No.31899 OF 2025 Date of order: 18.11.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.31899 OF 2025 ORDER: 1. The petitioner is aggrieved by the action of the 2nd respondent in renewing the passport for a period of one year. 2. The learned counsel for the petitioner submits that the petitioner was involved in certain criminal cases and had earlier approached this Court by filing W.P. No.11471 of 2025. While disposing of the said writ petition, this Court directed the petitioner to approach the V Additional District Judge, Nellore, and submit an application. It is further observed that in respect of two other criminal cases, the 2nd respondent was directed to reissue the passport. It was also made clear that the petitioner would have to obtain permission from the jurisdictional courts in the event he intends to travel abroad. 3. The learned counsel further submits that the 2nd respondent has renewed the passport only for a period of one year, which does not permit the petitioner to travel anywhere. The learned counsel places reliance on the Judgment of the Hon’ble Division Bench of the Bombay High Court in Narendra K.Ambwani v. Union of India1. In the said judgment, at paragraphs 6, 7, 10 and 11, Hon’ble Division Bench observed as follows: 1 2014 SCC online Bom 356 -3- W.P. No.31899 OF 2025 Date of order: 18.11.2025 “6. This court held that the Rules have been framed under the Passport Act and under Rule 12, a passport other than for a child aged more than 15 years, shall be in force for a period of 10 years or 20 years as the case may be from the date of its issue. 7. In the present case, the Respondents contended that the order of the learned Magistrate did not specify the period for which the passport is issued and in the light of Notification dated 23rd August, 1993 (Annexure “6” to the petition), the passport of the citizen against whom the proceedings are pending in the criminal court in India, shall be issued for a period specified by the court and if no period is specified, the passport shall be renewed for a period of one year. This court held that interpretation of the order of the learned Magistrate dated 20th September, 2006 is contrary to the express language of the order. When the order speaks about renewal of the passport in terms of the Passport Rules, reference must be made to Rule 12 alone and the Passport Officer was bound to issue the passport either for a period of 10 years or for a period of 20 years as the case may be in his discretion. The Passport Officer could not have at any rate renewed the passport for a period less than 10 years. Accordingly, the Rule was made absolute and the Regional Passport Officer was directed to issue the passport, renewed for a period of 10 years or 20 years. (emphasis added). 8….. 9…. 10. In the circumstances, we propose to issue guidelines to be followed by the Respondents on receipt of the applications for renewal of the passports, in all cases, where the Magistrate's court has directed that the passports may be renewed as per the “Rules”. 11. Accordingly, we issue the following directions:— (a) In all cases where the Magistrate's court directs renewal of the passports under the Rules, the Passport Rules, 1980 shall apply and passports other than for a child aged more than 15 years shall be renewed for a period of ten years or twenty years as the case may be from the date of its issue. All qualifying applicants are entitled to have passports renewed for at least ten years. The Regional Passport Office shall renew the passports of such qualifying applicants at least for ten years. (b) In case where the passports are valid and the applicants hold valid visas on an existing passport, the Regional Passport Officer shall issue the additional booklet to the same passport, provided the applicant had obtained permission to travel abroad. -4- W.P. No.31899 OF 2025 Date of order: 18.11.2025 (c) If the learned Magistrate passes an order making the reference to the said Notification No. G.S.R. 570(E) dated 26th August, 1993, the passport shall be renewed only for such period that the Magistrate may specify in the order or as otherwise specified in the said Notification where the passport of the applicant is valid for less than one year, the additional booklet may be issued subject to the orders to be obtained in this behalf only of the Magistrate concerned.” 4. The learned counsel for the petitioner has also drawn the attention of this Court to Rule 12 of the Passport Rules, 1980 which does not prescribe renewal of a passport for only one year. 5. Sri M.Srinivas, the learned Standing Counsel for the 2nd respondent submits that the gazette notification under GSR 570(E) dated 25.08.1993 mandates the applicant to approach the Magistrate Court and it is for the Magistrate Court to direct the renewal of passport for a specified period of time. 6. The learned Assistant Government Pleader appearing for the 4th respondent submits that the petitioner has approached only one Court and sought permission and that he is required to approach the jurisdictional courts as well and placed on record the written instructions. 7. As seen from the instructions placed before this Court, it appears that a charge sheet was filed in Crime No.74 of 2024 on 01.11.2025 that is much after the renewal of the passport. The order passed by the learned Special Judge for Trial of Offences under SC/ST (POA) Act- cum- V Additional District Judge, Nellore, also does not prescribe any -5- W.P. No.31899 OF 2025 Date of order: 18.11.2025 time frame for renewal of passport. It is only stated that the passport is directed to be renewed in terms of the Passport Act. 8. Considering the submissions of the learned counsel for the petitioner, the learned Standing Counsel for the Central Government appearing for the 2nd respondent and the learned Assistant Government Pleader for Home appearing for the 4th respondent, the 2nd respondent is directed to renew the passport of the petitioner for a period of ten years. It is also made clear that the petitioner would have to approach the jurisdictional courts and obtain requisite permission for travelling abroad. 9. Accordingly, the writ petition is disposed of. No costs. 10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N BV