APHC010561072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29163/2025 Between: 1. VENKATA NARESH VANKALA, S/O. PAPA RAO VANKALA, R/O.D.NO.10-21/11. PLOT NO.454, VISHALAKSHI NAGAR, VISAKHAPATNAM-530043, ANDHRA PRADESH, INDIA ...PETITIONER AND 1. THE UNION GOVERNMENT OF INDIA, REP. BY ITS PRINCIPAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, SECRETARIAT, RAISINA HILL, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICE, NEAR P.F. OFFICE, BESIDE RYTHU BAZAR, MARRIPALEM, VUDA LAYOUT, NAD POST, VISAKHAPATNAM-530009. 3. THE STATION HOUSE OFFICER, J.R. PURAM POLICE STATION, SRIKAKULAM DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR 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 be pleased topleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd Respondent / Regional Passport Officer in not renewing / re-issue the passport of the 2 JS,J W.P.No.29163/2025 Petitioner bearing No.L9293942 by considering the renewal application vide file No- VS1077292080325 dated 09/01/2025 as illegal and arbitrary consequently direct the 2nd Respondent renew / re-issue the passport of the Petitioner bearing passport No.L9293942 by considering the renewal application vide file No- VS1077292080325 dated 09/01/2025 in accordance with law, in the interest of justice and pass 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 pleased to direct the 2nd Respondent / Regional Passport Officer to renewing / reissue the passport of the Petitioner bearing NO.L9293942 by considering the renewal application of the Petitioner vide file No- VS1077292080325 dated 09/01/2025, pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. G RAMA GOPAL Counsel for the Respondent(S): 1. THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2. GP FOR HOME 3 JS,J W.P.No.29163/2025 The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home. 2. The petitioner possesses a valid passport numbered L9293942. On January 9, 2025, he submitted an application for its renewal and provided further clarification on September 22, 2025. 3. Learned counsel for the petitioner states that the petitioner was arraigned as the accused in Crime No.273/2024. The investigation remains incomplete, and due to the case’s pending status, the Passport Authorities have not renewed the petitioner’s passport even after ten months. 4. Learned counsel further contends that the mere pendency of a criminal case should not serve as a ground to refuse the reissuance of a passport. He relies on the following decisions by the Hon’ble Apex Court to support this argument: i. In Maneka Gandhi v. Union of India1, it is observed that the right to travel Abroad is a part of personal liberty and the right to possess a passport etc., can only be curtailed following law and not on the subjective satisfaction of anyone. ii. In Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi and Others2, it is 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. iii. In Vangala Kasturi Rangacharyulu v. Central Bureau of Investigation3, the Hon’ble Apex Court held that mere pendency of criminal cases cannot be a ground to deny renewal of passport. 1 (1978) 1 SCC 248 2AIR 1967 SC 1836 3 2021 SCC OnLine SC 3549 4 JS,J W.P.No.29163/2025 5. Learned Assistant Government Pleader for Home, on instructions, submits that the petitioner is involved in Crime No.273 of 2024 of J.R. Puram Police Station, Srikakulam District, which is still in the investigation stage. 6. The petitioner’s counsel argues that because the case remains at the FIR stage and no final report has been filed, there are no criminal proceedings pending against the petitioner, and therefore, a request for renewal of the passport should be considered. 7. In similar circumstances, the Division Bench of this Court in W.P.No.30373 of 2022, held as under: “9. A learned Single Judge of the High Court at Madras dated 04.02.2021 in W.P.No.20058 of 2020 held that mere pendency of a First Information Report cannot be the legal basis for denial of issuance of a regular passport to the petitioner and that it is only after cognizance is taken by an appropriate Court that it can be held that criminal proceedings have commenced and issuance or renewal of the passport would be depend on no objection being given by the concerned Court. 10. The Central Government has also issued G.S.R.No.570(E), dated 25.08.1993 stipulating that a no objection order would be required from a Court only if it falls within the ambit of Section 6(2)(f). 11. In view of the fact that Section 6(2)(f) would arise only when there is a pending proceeding before the Criminal Court after cognizance is taken, it would have to be held that as of now there is no pending criminal proceeding before the Court.” 8. Accordingly, this Writ Petition is disposed of with a direction to the respondents to consider the petitioner’s application for renewal of his passport without raising any objections related to Crime No.273 of 2024 registered at J.R. Puram Police Station, Srikakulam District. 9. However, this Order shall not preclude the Station House Officer of J.R. Puram Police Station in Srikakulam District from taking necessary steps 5 JS,J W.P.No.29163/2025 to ensure the petitioner’s presence for the investigation of the aforementioned crimes or for any other purposes. No costs are awarded. As a sequel, miscellaneous pending applications, if any, shall stand closed. ___________________________ JUSTICE SUMATHI JAGADAM Date: 24.10.2025 SCH 6 JS,J W.P.No.29163/2025 317 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 29163/2025 Date: 24.10.2025 SCH