APHC010108132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5580/2025 Between: 1. SRINIVASA REDDY TALLURI, S/O NARAYANA REDDY TALLURI, AGED ABOUT 53 YEARS R/O 15-94, PRAGADAVARAM, VELAGALAPALLI VILLAGE CHINTALAPUDI, ELURU-534461,AP 2. HARITHA TALLURI, S/O SRINIVASA REDDY TALLURI, AGED ABOUT 51 YEARS R/O 15-94, PRAGADAVARAM, VELAGALAPALLI VILLAGE CHINTALAPUDI, ELURU-53446, AP ...PETITIONER(S) AND 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AND EXTERNAL AFFAIRS, MHA, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI 2. REGIONAL PASSPORT OFFICER, PASSPORT OFFICE VIJAYAWADA, AP 3. PRINCIPAL SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 4. THE STATION HOSUE OFFICER, CHINTALAPUDI POLICE STATION, CHINTALAPUDI, WEST GODAVARI 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 pleased to issue a writ, order or direction more particularly one in the nature SRS,J W.P.No.5580 of 2025 of mandamus declaring declare the action of the 2nd respondent in not issuing passport to the petitioner (vide application No. VJ2066202043924 dt.29-01-2024) and to the 2nd petitioner (vide application No. VJ2066202065524 dt.29-01-2024) on the ground that a criminal case is pending against them, as illegal, arbitrary, and in violation of Articles 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to issue the passport in furtherance of their applications vide no. VJ2066202043924 and VJ2066202065524 made by them respectively 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 2nd respondent to issue the passport in furtherance of petitioners’ applications vide no. VJ2066202043924 and VJ2066202065524 made by them respectively pending disposal of the main writ Petition for immediate travel needs 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 permit me to implead the proposed respondent nos. 3 & 4 as respondent nos. 3 & 4 in W.P.No.5580 of 2025 as well as in I.A.No.1/2025 and pass Counsel for the Petitioner(S): 1. YASWANTH GADE 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 inaction of the 2nd respondent in issuing passports to the petitioners in pursuance of application Nos.VJ2066202043924 & VJ2066202065524, dated 29.01.2025, due to the pendency of a criminal case, as illegal and arbitrary. Page 3 of 5 SRS,J W.P.No.5580 of 2025 2. Heard learned counsel appearing on either side. 3. Learned counsel for the petitioners would submit that mere pendency of a criminal case has no bar for issuance of a passport. Learned counsel for the petitioners placed reliance upon the judgment of Maneka Gandhi v. Union of India1 and would contend that the right to travel is indeed a fundamental right. 4. Sri Ajay, learned Assistant Government Pleader for Home, on instructions, would submit that a criminal case vide Cr.No.472 of 2022, for the offences punishable under Section 341, 509 r/w 34 of IPC, was registered against the petitioner and others. Later, the police filed a charge sheet before the learned Judicial First Class Magistrate, Chintalapudi, and the learned Magistrate has taken cognizance and assigned the number C.C.No.855 of 2024. Thus, the petitioner has to make an application before the jurisdictional criminal court. 5. Learned counsel appearing for respondents 1 & 2 would submit that since the criminal case was registered against the petitioners, the respondent authorities did not issue a passport to the petitioners. 6. Thus, as seen from the material available on record, there is no dispute regarding the registration of a crime against the petitioners and thereafter the filing of a charge sheet by the police on the file of the learned Judicial First Class Magistrate, Chintalapudi. The learned Magistrate has taken cognizance against the petitioner in C.C.No.855 of 2024. 7. The Division Bench of this Court in W.A.No.383 of 2024 considered the aspect of cognizance by the Magistrate 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, 1 AIR 1978 SC 597 SRS,J W.P.No.5580 of 2025 Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the 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.” 8. At this juncture, learned counsel for the petitioners would submit that the petitioners will approach the jurisdictional criminal court and make an appropriate application. 9. Given the facts and circumstances of the case, the Writ Petition is disposed of, giving liberty to the petitioners 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 expeditiously as possible, strictly 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 : 20.03.2025 TVN SRS,J W.P.No.5580 of 2025 149 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.5580 OF 2025 Date : 20.03.2025 TVN