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2025 DAILYLAW 7734 (AP)

NARENDRA BODE v. UNION OF INDIA

WP/4365/2025 · 2025-03-17

Subba Reddy Satti

body2025

Judgment text

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> IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) h MONDAY, THE SEVENTEENTH DAY OF MARCH^j TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4365 OF 2025 Between: Narendra Bode, S/o Venkateswara Rao Bode, Aged 50 yrs, Occ: Business D.No. 13-54/A, Near Vignan Bharathi, School, Poranki, Vijayawada- 521137. ...PETITIONER AND Union of India, Ministry of External Affairs Represented by its Secretary, Sastry Bhavan, New Delhi. The Regional Pass Port Officer, Regional Pass Port Office, 4^^ Floor, Stalin Central, D.No.27-37-158 , Governorpet, M.G. Road, Vijayawada- 520002. The Commissioner of Police, Guntur District. The Station House Officer, Chilakaluripeta Urban Police Station, Guntur District. 1. 2. 3. 4. ...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 of a WRIT OF MANDAMUS declaring the action of the Respondents particularly the 2"'^ Respondent in not passing any order on the explanation dt: 07-02-2025, in response to the letter dated 22-01-2025 of the 2"^ respondent, in connection with the Pass Port Number C6778825 and trying to Impound the Pass Port No. C6778825 all are Illegal, Unlawful, Violation of Principles of Natural Justice, Violation of Articles 14,19,21 of a. the Constitution of India, Violation of the Pass Port Act, Violation of Apex Court Rulings, Consequently direct the 2"'' Respondent not to take Coercive Steps against the Petitioner's Pass Port Number C6778825 by any manner what so ever, except under the due process of Law. 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 2"'^ Respondent not to take any Coercive Steps against the Petitioner's Pass Port Number C6778825 by any manner what except under the due process of Law pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI R.SAMPATH REPRESENTING SRI R.SIVA SAI SWARUP Counsel for the Respondent Nos.1 & 2: SRI JUPUDI V.K.YAGNADUTT, SC FOR CENTRAL GOVERNMENT COUNSEL Counsel for the Respondent Nos. 3 & 4: SRI AJAY, ASST.GP FOR HOME The Court made the following: ORDER any APHC010080292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4365/2025 Between: Narendra Bode ...PETITIONER AND Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RSIVASAI SWARUP Counsel for the Respondent(S): 1.GP FOR HOME 2. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) The Court made the following: ::ORDER:: Heard Sri R. Sampath, learned counsel representing Sri R. Siva Sai Swarup, learned counsel for the petitioner; Sri Jupudi V K Yagnadutt, learned standing counsel for respondents 1 and 2 and Sri Ajay, learned Assistant Government Pleader for Home, for respondents 3 and 4. 2. The petitioner’s passport vide C6778825 was renewed by respondent V No.2 for ten years from 07.01.2025 to 06.01.2035. Thereafter, a clarification .4- notice vide ietter reference No.SCN/320551549/25 dated 22.01.2025 (Ex.P2) issued to the petitioner, to which the petitioner submitted an explanation dated *^'.02.2025 (Ex.P3). Despite the petitioner’s explanation, respondent No.2 has not passed any order. Hence, the writ petition. Learned counsel for the petitioner would submit that while applying for Vehewal of the "passport, the petitioner handed over all the papers to the agency and non-mentioning of a criminal case registered against the petitioner, in the application, is neither intentional nor deliberate. Learned counsel would further submit that in respect of crime No.336 of 2021 of Chilakaluripet Police Station, wherein the petitioner was arrayed as accused No.28, Police filed a charge sheet on the file of learned I Additional Junior Civil Judge -cum-Judicial Magistrate at Chilakaluripet, Guntur District and the same is numbered as C.C.No.810 of 2021. He would further submit that the petitioner filed Crl.P.No.1195 of'l625 with a piayer to quash the criminal proceedings in C.C.No.810 of 2021 and the same is pending. Learned standing counsel for respondents 1 and 2 would submit that respondent No.2 will consider the petitioner’s explanation and pass appropriate orders, strictly following Sections 10 and 12 of the Passport Act, 1967 (for short ‘the Act’). Thus, as seen from the material on record, there is no dispute regarding the renewal of the petitioner’s passport for ten years i.e. from 07.01.2025 to 06.01.2035 under Tatkaal scheme, issuance of clarification notice (Ex.P2) to the petitioner, due to the pendency of a criminal case against him, and submission of explanation by the petitioner under (Ex.P3). 6. Since, the petitioner submitted an explanation under Ex.P3, without going into the other aspects, this writ petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the learned was 3. 4. 5. Page 3 of 3 respondent No.2 to pass a reasoned order, by considering the petitioner’s explanation, strictly as per the provisions of the Act and the Rules made thereunder as expeditiously as possible. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- N.NAGAIV1MA ASSISTANT REGISTRY SECTldjt^TFICER //TRUE COPY// To, 1. The Secretary, Union of India, Ministry of External Affairs, Sastry Bhavan, New Delhi. 2. The Regional Pass Port Officer, Regional Pass Port Office , 4*^ Floor, Stalin Central, D.No.27-37-158 , Governorpet, M.G. Road, Vijayawada- 520002. 3. The Commissioner of Police, Guntur District. 4. The Station House Officer, Chilakaluripeta Urban Police Station, Guntur District. 5. One CC to Sri R.Siva Sai Swarup, Advocate [OPUC] 6. One CC to Sri Jupudi V.K.Yagnadutt, Central Government Counsel.[OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. gi ■' e HIGH COURT DATED:17/03/2025 ORDER WP.No.4365 Of 2025 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS