APHC010098492025 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: 5176/2025 Between: 1. SRINIVAS MARUTHI VENKATA KONDAMUDI, S/O. VENKATA CHALAPATHI RAO, AGED ABOUT 49 YEARS R/O. D.NO. 14-6-20/2, VINJAMURI VARI STREET, BAPATLA TOWN, BAPATLA DISTRICT, A.P. ...PETITIONER AND 1. THE REGIONAL PASSPORT OFFICER, VIJAYAWADA, D.NO.27-37- 158, 4TH FLOOR, STALIN CENTRAL GOVERNORPET, M.G. ROAD, VIJAYAWADA, N.T.R. DISTRICT, A.P. 2. UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, REP. BY THE SECRETARY, 23 D, JANPATH RD, RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, INDIA. 3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, KARLAPALEM ROAD, VISWABRAHMANA COLONY, BAPATLA TOWN, BAPATIA DISTRICT, A.P. ...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 Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.1 in not considering the passport renewal application of the Petitioner vide Application No.VJ2077316154325 dated 17.01.2025 due to 1 pending case in C.C. SRS,J W.P.No.5176 of 2025 No.477/2024 as highly illegal, arbitrary, unjust, contrary to law and against the principles of natural justice and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and also against The Passports Act, 1967 and Rules therein and consequently direct the Respondent No.1 to renew the passport of the Petitioner vide Passport NO.M5615254 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 to pass an interim order by directing the Respondent No.1 to consider the passport renewal application of the Petitioner vide Application NO.VJ2077316154325 dated 17.01.2025 for renewal of passport NO.M5615254 to the Petitioner, until disposal of the main writ petition and pass Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR HOME 2. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent No.1 in not re-issuing/renewing the passport of the petitioner, in pursuance of the application No.VJ2077316154325, dated 17.01.2025, due to pendency of a criminal case vide C.C.No.477 of 2024 on the file of the learned Judicial Magistrate of First Class, Bapatla, as illegal and arbitrary. 2. Heard Sri Narra Srinivasa Rao, learned counsel for the petitioner and Sri Jupudi Yagna Dutt, learned panel advocate, appeared for respondents 1 & 2. Page 3 of 5 SRS,J W.P.No.5176 of 2025 3. The petitioner’s passport bearing No.M5615254, issued for a period of 10 years, expired on 28.01.2025. Even before expiry, the petitioner made an application seeking renewal/re-issue on 17.01.2025, under the Tatkal scheme. Thereafter, a show-cause notice dated 21.01.2025 (Ex.P1) was issued to the petitioner, calling upon the petitioner to submit an explanation, since the authority received an adverse report from the police. The petitioner submitted an explanation dated 03.02.2025 (Ex.P2). Respondent No.1 did not issue the passport, the above writ petition is filed. 4. Learned panel advocate would submit that a criminal case was registered against the petitioner in Cr.No.161 of 2024 of Bapatla Town Police Station for the offence punishable under Section 286 of IPC and Section 32 of Andhra Pradesh Police Act, 1861. Thereafter, the police filed a charge sheet before the learned Judicial Magistrate of First Class, Bapatla and the same was numbered as C.C.No.477 of 2024. Thus, the learned counsel would submit that since the Court has taken cognizance, the petitioner has to make an appropriate application before the jurisdictional Magistrate. 5. Thus, as seen from the material available on record, the Criminal Court has taken cognizance. 6. The issue is squarely covered by the order of Division Bench of this Court. The Division Bench of this Court in W.A.No.383 of 2024 considered the said aspect of cognisance in a criminal case qua concerning an application made for the issuance of a passport and observed as follows: “16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the SRS,J W.P.No.5176 of 2025 Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of „proceedings pending before a criminal Court‟, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.” 7. Thus, as seen from the order of the Division Bench, if the learned Magistrate takes cognizance, one has to make an appropriate application before the learned Jurisdictional Magistrate. 8. In the case at hand, as seen from page No.28 of the material papers filed along with the writ petition, the learned Magistrate has taken cognizance and issued summons against the accused and adjourned the matter to 30.03.2025. 9. Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioner to approach the learned jurisdictional criminal court and make an appropriate application. If such an application is filed, the learned jurisdictional criminal court shall consider the same and pass appropriate orders, as per the Rules. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 10.03.2025 TVN SRS,J W.P.No.5176 of 2025 196 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.5176 OF 2025 Date : 10.03.2025 TVN