IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4942 OF 2025 Between: Sri Vukkidi Kameswara Rao, (Ukkidi Kameswara Rao) S/o Satyanarayana, Aged about 40 years, Private Employee, Presently Residing in Riyadh, Saudi Arabia, Rep by his Mother and GPA Holder Vukkidi Nagamani, Aged 59 years. Housewife, R/o H.No 3-154A, Near Veeramma Temple, Vuyyuru, Krishna District, A.P. - 521 165 ...PETITIONER AND 1. The Union of India, Rep by its Principal Secretary, Ministry of External Affairs, South Block Secretariat, Raisina Hills, New Delhi. 2. The Regional Passport Officer, 4*^ Floor, Stalin Central, D.No.27-37- 158, Governorpet, M.G.Road, Vijayawada - 520002, Andhra Pradesh. ...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, Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2"*^ respondent in not renewing the passport of petitioner bearing No. Cl874560 having date of expiry of 18.03.2025 on the ground of pendency of Criminal case vide Cr.No. 182/2022, under sections 498A and 3 and 4 of Dowry Prohibition Act, on file of the Eluru Rural P.S, and the same was on the file of Honble Junior Civil Judge, Vuyyuru in C.C. No. 265 of 2023 as illegal arbitrary and violation of Article 14, 19(1)(g) and 21 of Constitution of India and r consequently direct the 2"'^ respondent to renewal passport bearing No. C1874560. 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 respondent to renew passport bearing No. nd pleased to direct the 2 Cl 874560. Counsel for the Petitioner: SRI MARADA GOVARDHAN VARMA Counsel for the Respondent Nos.1 & 2: SRI THENEPALLI NIRANJAN, SC FORCENTRAL GOVT. The Court made the following: ORDER APHC010095312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4942/2025 Between: 1.SRI VUKKIDI KAMESWARA RAO. , (UKKIDI KAMESWARA RAO) S/0 AGED ABOUT 40 YEARS. PRIVATE SATYANARAYANA, EMPLOYEE, PRESENTLY RESIDING IN RIYADH. SAUDI ARABIA. REP BY HIS MOTHER AND GPA HOLDER VUKKIDI NAGAMANI AGED 59 YEARS. HOUSEWIFE, VEERAMMA TEMPLE, VUYYURU, KRISHNA DISTRICT. A.P. - 521 R/0 H.NO 3-154A, NEAR 165 ...PETITIONER AND 1.THE UNION OF INDIA, REP BY ITS PRINCIPAL SECRETARY, MINISTRY OF EXTERNAL AFFAIRS. SOUTH BLOCK SECRETARIAT, RAISINA HILLS. NEW DELHI. 2.THE REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN D.NO. 27-37-158, GOVERNORPET, M.G.ROAD CENTRAL, VIJAYAWADA - 520002, ANDHRA PRADESH. ...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 to issue a Writ, or Order, Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in not renewing the passport of petitioner bearing No. Cl 874560 having date of expiry of 18.03.2025 on the ground of pendency of Criminal case vide Cr.No. 182/2022, under sections 498A and 3 and 4 of Dowry Prohibition Act, SRS,J W.P.No.4942 of 2025 on file of the Eluru Rural P.S, and the same was on the file of Hon’ble Junior Civil Judge, Vuyyuru in C.C. No. 265 of 2023 as illegal arbitrary and violation of Article 14, 19(1 )(g) and 21 of Constitution of India and consequently direct the 2nd respondent to renewal passport bearing No Cl 874560 and pass such o 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 may be pleased to direct the 2nd respondent to renew passport bearing No Cl 874560 and pass such Counsel for the Petitioner: 1. MARADA GOVARDHAN VARMA Counsel for the Respondent(S): 1.THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent No.2 in not renewing the passport of the petitioner bearing No.Cl 874560, which is going to expire on 18.03.2025, due to the pendency of a criminal case vide C.C.No.265 of 2023, on the file of the learned Junior Civil Judge, Vuyyuru, as illegal and arbitrary. Heard Sri K. Abiram, learned counsel for the petitioner and Sri T. Niranjan, learned Panel Counsel appeared for respondents 1 & 2. 2. Learned counsel for the petitioner would submit that earlier, the petitioner filed W.P.No.16693 of 2024 and the same was disposed of on 13.08.2024, directing the Union of India, represented by Secretary to Government and the Regional Passport Officer, to renew/re-issue the 3. Page 3 of 5 SRS,J W.P.No.4942 of 2025 passport for a limited period of six months, enabling the petitioner to appear before the learned Magistrate. In pursuance of the said order, the petitioner came down to India and appeared before the learned Junior Civil Judge, Vuyyur and also gave an undertaking. Thereafter, the petitioner went to Saudi Arabia, for employment. The passport renewed for six months, is expiring by 18.03.2025. If the petitioner’s passport is not renewed, he will be deported to India. Sri T. Niranjan, learned Panel Counsel, would submit that the petitioner did not make any application, seeking renewal of the passport. 4. When this Court posed a question, regarding the facility of online, the learned Panel Counsel would submit that the online facility is available for the issuance of a passport in the Tatkal Scheme. For renewal/re-issue of a passport, one has to make an application through offline. 5. Earlier, when the petitioner filed W.P.No.16693 of 2024, the learned Single Judge of this Court, disposed of the same, directing the respondents 1 & 2 therein, to renew/re-issue the passport for a limited period of six months, to enable the petitioner to come down to India and to face the investigation in Cr.No.182 of 2022 (C.C.No.265 of 2023) of Eluru Rural Police Station. 6. Thus, as seen from the averments made in the affidavit, the petitioner came down to India and appeared before the learned Junior Civil Judge, Vuyyur and gave an undertaking. In fact, respondents 1 & 2, renewed passport, for six months and the same is expiring by 18.03.2025. Pending the criminal case, the petitioner again went to Saudi Arabia for job purposes. If the passport of the petitioner is not renewed, the petitioner will be treated as an illegal immigrant and deported to India. It is also a settled principle of law that mere pendency of a criminal case is no bar to renew the passport. Unless and until the accused is convicted, by a competent criminal court, after trial, the accused cannot be denied issuance of travel documents. 7. W.P.No.4942 of 2025 1 The learned counsel for the petitioner would submit that the petitioner will come down to India and attend the court where the criminal case is pending. The criminal case is adjourned to April 2025. The petitioner also cooperates for expeditious disposal of the criminal case. 8. Given the facts and circumstances of the case, the Writ Petition is disposed of, with the following directions: 9. directing the respondents 1 & 2 to re-issue / renew the passport for a limited period of four (04) months, enabling the petitioner to come back to India and to appear before the learned Junior Civil Judge, Vuyyur, where a criminal case in C.C.No.265 of 2023, is pending. The said exercise shall be completed, as expeditiously as possible, since the passport of the petitioner is expiring by 18.03.2025. (i) The petitioner shall appear before the learned Junior Civil Judge, Vuyyuru, as and when the C.C., is called. (ii) The petitioner shall also make an appropriate application before the learned Junior Civil Judge, Vuyyuru, in connection with the renewal of the passport. If such an application is filed, the learned Junior Civil Judge, Vuyyuru, shall pass an appropriate order, strictly as per the Rules. (iii) (iv) If the petitioner fails to appear before the criminal court, on the date fixed, the respondent No.2 shall take necessary steps to confiscate the passport of the petitioner. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Ministry of External Affairs, Union of India, South Block Secretariat, Raisina Hills, New Delhi. 2. The Regional Passport Officer, 4^^^ Floor, Stalin Central, D.No. 27-37- 158, Governorpet, M.G.Road Vijayawada - 520002, Andhra Pradesh. 3. One CC to Sri Marada Govardhan Varma, Advocate [OPUC] 4. One CC to Sri Thenepalli Niranjan, SC for Central Govt. [OPUC] 5. Three CD Copies. ssb r HIGH COURT DATED: 10/03/2025 ORDER O o WP.No.4942 of 2025 CSV, .y 1 5 MAR 2025 fl3c: ! ^ Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS