APHC010077592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4192/2025 Between: 1. T MURALIDHAR REDDY, S/O T NAGI REDDY, AGED 50, R/O. D.NO. 25-04-300, PV PRASAD NAGAR, D MART (TIRUPATI URBAN), TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER AND 1. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY ITS PRINCIPAL SECRETARY, SOUTH BLOCK, NEW DELHI - 110 001. 2. THE PASSPORT AUTHORITY OF INDIA, REPRESENTED BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG, NEW DELHI - 110 001. 3. THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PASSPORT SEVA KENDRA (TIRUPATI II), D.NO.19-4-9, RLOL TO 105, PRINCE AVENUE, ANNAMAYA MARG, TIRUPATI. 4. THE STATION HOUSE OFFICER, ALIPIRI POLICE STATION, TIRUPATI DISTRICT. 5. THE STATION HOUSE OFFICER, TIRUPATI RURAL POLICE STATION, TIRUPATI 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 2 pleased to prayed that this Writ of Mandamus declaring the action of respondents in not renewing/reissuing the passport of the petitioner (Old Passport No. M9372046) with File number VJ1077362554925 dated 31-01- 2025 vide Application reference no. 25-1000385589 as illegal, arbitrary, contrary to the provisions of Passport Act and its Rules as well as in violation of Article 21 of the Constitution of India and consequently direct the 3rd respondent to process the petitioner's passport renewal/reissuance application vide Application reference no. 25-1000385589 (File No. VJ1077362554925) and accordingly renew/reissue the passport of the petitioner for a period of 10 years and to 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 to Direct the Respondents to renew/reissue passport of the petitioner vide Application reference no. 25- 1000385589 (File No. VJ1077362554925) pending disposal of the Writ Petition and to pass IA NO: 2 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 implead proposed 6th respondent herein, as 6th respondent in WP No. 4192 of 2025 and to pass. Counsel for the Petitioner: 1. P VIVEK Counsel for the Respondent(S): 1. GP FOR HOME 2. ALEKHYA TADASINA(CENTRAL GOVT COUNSEL) The Court made the following: 3 ::ORDER:: Heard Sri P.Vivek, learned counsel for the petitioner; Ms Alekhya Tadasina, learned Central Government Counsel appeared for the respondents 1 to 3 and 6 and Sri Ajay, learned Assistant Government Pleader for Home appeared for the respondents 4 and 5. 2. The above writ petition is filed to declare the action of the respondents in not reissuing the passport of the petitioner, as illegal and arbitrary. 3. The averments in brief, the petitioner was issued a passport vide passport No.M9372046 on 29.05.2015, and the same is valid up to 28.05.2025. Petitioner applied for reissuance/renewal of the passport to the 3rd respondent vide Application Reference No.ARN/25-1000385589, dated 09.01.2025. When the petitioner requested the 3rd respondent about progress, he was informed orally about the adverse police verification report. The petitioner was falsely implicated in Crime No.289 of 2023 of Alipiri Police Station, Tirupati District, and Crime No.243 of 2024 of Tirupati Rural Police Station, Tirupati District. Both crimes are still under investigation, and no charge sheet was filed. With these averments, the above writ petition is filed. 4. Learned Assistant Government Pleader for Home, on instructions, would submit that no charge sheet was filed in both the cases and also would submit that in Crime No.289 of 2023, police filed a charge sheet before the jurisdictional Court and the same was returned. He also submits that in respect of Crime No.243 of 2024, the charge sheet has not been filed so far. 5. Thus, as seen from the instructions, so far, the jurisdictional Criminal Court has not taken cognizance in respect of the aforementioned criminal cases. 7. Section 6 of the Passports Act 1967 envisages the denial of passports under certain circumstances. Section 6(2) of the Act, which is relevant, is extracted hereunder: 4 “(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: - (a) that the applicant is not a citizen of India., (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India., (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.” 5 8. 6(2)(f) deals with the situation where the proceedings in respect of an offence alleged to have been committed by the applicant are pending before the Criminal Court of India. 9. In the case at hand, so far, no proceedings are pending before the Criminal Court. In Vangala Kasturi Rangacharyulu vs Central Bureau of Investigation1 after considering 6(2)(f) of the Passport Act, it was held that the Passport authority cannot refuse the renewal of the passport on the ground of pendency of the criminal appeal and directed the Passport authority to renew the passport. 10 The learned Single Judge of Madras High Court in W.P.No.20058 of 2020 dated 04.02.2020, held that mere pendency of the FIR is not a bar to consider issuance of a passport. 11. If the jurisdictional court takes cognizance, the applicant must necessarily approach the concerned Court. However, if the jurisdictional Magistrate did not take cognizance and if the authority failed to issue a passport, the applicant can invoke the jurisdiction of this Court. 12. The circular instructions of the Central Government vide GSR.No.570 (E), dated 25.08.1993, stipulate that no objection order would be required from a Court only if the Court had taken cognizance. The Division Bench of this Court in W.A.No.383 of 2024 also dealt with a similar issue and in fact, allowed an intra-court appeal filed by an applicant, when the learned single judge directed the applicant to approach the competent court. The issue in the writ petition is squarely covered. 13. Given the facts and circumstances of the case, the writ petition is disposed of, at the admission stage with the consent of learned counsel on either side, directing the 6th respondent to consider the petitioner Application Reference No.25-1000385589 and reissue/renew passport without raising any objection regarding Crime No.289 of 2023 of Alipiri Police Station, Tirupati 12020 Crl.L.J.(SC) 572 6 District and Crime No.243 of 2024 of Tirupati Rural Police Station, Tirupati District. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 10.03.2025 SNI 7 447 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4192 of 2025 Date: 13.03.2025 SNI