IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAN (Special Original Jurisdiction) U< WEDNESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4399 OF 2025 Between: Nandhilla Vijaya Varma, S/o. Venkata Narasimha Raju, Aged 41 years, Occ: Private Employee at Sharjha, UAE R/o, Plot. No. 102, Surya Layout, NearSatya Function Hall, Gotlam Vizianagaram. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government Home Department, Secretariat, Velagapudi, Amaravati Guntur District. 2. The Superintendent of Police, Eluru District at Eluru. 3. The Station House Officer, Nuzividu Town Police Station, Nuzividu, Eluru District. 4. Nandella Sai Nikhitha, W/o. Nandella Vijaya Varma, D/o. Satyanarayana, R/o. 25-283/7, Employees Colony, Nuzividu Town, Nuzividu Mandal, Eluru District. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 3'"' respondent in unauthorizedly seizing the petitioner passport vide passport No. M6477087 without following procedure prescribed under Bharatiya Nagarik Suraksha Sanhita (BNSS), as illegal, irrational, against to the procedure established by law and violative of principles of Natural Justice and contrary to the Article 21 of Constitution of India and consequently direct the 3 respondents to return the said passport forthwith. rd lA NO: 1 OF 202S 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 3'^'^ respondent to return petitioners passport vide passport No. M6477087 forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner: M/s NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR HOME The Court made the following order: APHC010081962025 IN THE HIGH COURT OF ANDHRA PRADESH. AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4399/2025 [3457] Between: Nandhilla Vijaya Varma ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following Order: 1. Heard the learned counsel for the petitioner. 2. The learned counsel for the petitioner submits that the passport of the petitioner was seized by the 3'^^ respondent. 3. The petitioner was called to the police station by the 3^^ respondent for the purpose of investigation in Crime No. 196 of 2024 for the alleged offence under Section 85 of Bharatiya Nyaya Sanhita and Sections 3 and 4 of DP Act. The 3'^^ respondent has asked the petitioner to bring his passport along with him to the police station. On instructions of the 3'"^ respondent, the petitioner has carried his passport and the same was seized by the hsS II2II police without issuance of any notice. It is submitted that the passport is in the custody of the 3'"'^ respondent. 4. The learned Assistant Government Pleader submits that the police have completed investigation and filed charge sheet and same is taken on file vide CC.No.4 of 2025 by the I Additional Judicial Magistrate of First Class, Nuzvid. 5. Considering the submission, the detention of passport of the petitioner by the 3'''^ respondent without issuing any proceedings is illegal and such action on part of 3’''^ respondent is uncalled for. 6. The 3'^'^ respondent shall release the passport of the petitioner as the same was not seized under any panchanama or while the investigation was in progress. Moreover, there was no necessity for the 3^^^ respondent to detain the petitioner’s passport with him. Seizure of passport under the relevant provisions of the Passport Act would have to be invoked by competent authority and not by the 3'’'^ respondent. 7. Accordingly, there shall be a direction to the 3^^ respondent to release the passport of the petitioner forthwith. V t 8. With the above observation, the writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall Sd/- K. TATA RAO DEPUTY REGISTRAR stand closed. S^dpOfToFFICER i //TRUE COPY// To 1 The Principal Secretary to Government Home Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Eluru District at Eluru. 3. The Station House Officer, Nuzividu Town Police Station, Nuzividu, Eluru District. 4. One CC to M/s Nimmagadda Revathi, Advocate [OPUC] 5. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:02/04/2025 ORDER ^^fANDS^ = 0 4 APR 2025 ^ . Current Section . WP.No.4399 of 2025 «»/ •¥ DISPOSING OF THE WP WITHOUT COSTS