APHC010492032026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26895/2026 Between: 1. KOPPURAVURI VENKATA SIVA PRASAD, S/O.SUBBA RAO, AGED ABOUT 56 YEARS,OCC SELF EMPLOYEE - R/O.FLAT.NO.510, DREAM PALACE, TARAKARAMA NAGAR 1ST LINE, JKC COLLEGE ROAD,GUNTUR, GUNTUR DISTRICT ...PETITIONER AND 1. UNION OF INDIA, REP.BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 110011 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, VIJAYAWADA 520610 3. THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT 522004 4. STATION HOUSE OFFICER, NALLAPADU POLICE STATION, GUNTUR 522005 ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent in issuing Adverse verification report to the 2nd respondent against the petitioner pursuant to Application Reference No. 2 26-1051629995, solely on the ground of pendency of criminal proceedings despite there being no order of any competent criminal court restraining the petitioner from travelling abroad, as illegal, arbitrary, unreasonable, violative of Articles 14 and 21 of the Constitution of India and set aside adverse verification report issued by the 4th respondent and consequently direct the respondents to process the petitioner's application and issue the Police Clearance Certificate within a 'time frame fixed by this Hon'ble Court IA NO: 1 OF 2026 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 direct the respondents to process the petitioner's application bearing ARN No.26-1051629995 and issue the Police Clearance Certificate without treating the mere pendency of criminal proceedings as a disqualification Counsel for the Petitioner: 1. SHAIK RAFI Counsel for the Respondent(S): 1. The Court made the following: 3 ORDER: To declare the action of the 4th respondent in issuing Adverse verification report to the 2nd respondent against the petitioner pursuant to application reference No.26-1051629995 solely on the ground of pendency of criminal proceedings despite there being any order of competent criminal Court restraining the petitioner from travelling abroad, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri Shaik Rafi, learned counsel for the petitioner and learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that C.C.No.667 of 2020 before the II Additional Junior Civil Judge-cum-II Additional Judicial Magistrate of First Class, Eluru, Criminal Appeal No.225 of 2025 on the file of I Additional District and Sessions Judge, Eluru, and FIR No.116 of 2022 on the file of Kothapet Police Station are pending against the petitioner. He further submitted that the petitioner with an intention to travel abroad, he made an application to the 2nd respondent-Regional Passport Officer vide Application reference No.26-1051629995, despite the same, the respondent authorities are not permitting the petitioner to travel abroad on the ground that some Police Clearance Certificate is required for such permission. He further submitted that the said action of the respondents is unjustifiable, hence, prayed to allow the Writ Petition. 4 4. On the other hand, the learned Assistant Government Pleader for Home submitted that when criminal proceedings are pending against the petitioner before competent Court, the petitioner without approaching the concerned Court straight away filed the present writ petition, which cannot be entertained by this Court, accordingly, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. Admittedly, inasmuch as the 3 criminal cases are pending against the petitioner. The petitioner with an intention to travel abroad, made an application to the passport authority wherein the authority concerned asked the petitioner to get Police Clearance Certificate from the Police Department. It is very surprising to see that the petitioner, without making an application to the police authorities to obtain Police Clearance Certificate filed the present writ petition. 7. Section 6(2) of the Passport Act, 1967 is germane and the same is extracted hereunder: Section 6(2): Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely: - (a) that the applicant is not a citizen of India., 5 (b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India., (c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India; (d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country; (e) that the applicant has, at any time during the period of five years immediately preceding the date of his application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years; (f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India; (g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court; (h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation; (i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest. 8. 8. Section 6(2) (f) relates to a situation where the applicant is facing trail in a criminal court. Section 6(2)(f) of the Passport Act, 1967, has been considered on several occasions by the Hon’ble Apex Court and High Courts. The Hon’ble Supreme Court as well as various High Courts held that mere pendency of a First Information Report cannot be the legal basis for denial of issuance of a regular passport to the petitioner and that it is only after cognizance is taken by an appropriate Court that it can be held that criminal proceedings have commenced and issuance or 6 renewal of the passport would depend on no objection being given by the concerned court. 9. In Vagala Venkata Siva Kumar Vs State of Andhra Pradesh, this Court has categorically held that, as per Section 6(2)(f) of the Passport Act, 1967, the passport authority shall refuse to issue passport or travel document for visiting any foreign country, if criminal proceedings are pending against the applicant in India. 10. The Hon’ble Supreme Court as well as various Constitutional Courts have categorically held that once criminal proceedings are pending against an individual before competent Courts, the said individual needs to approach the competent Court for issuance of passport or for permission to travel abroad. In the present case, the petitioner, without filing such application approaching the authorities is of no consequence and later finding fault against the said authorities by filing the present writ petition does not arise. Further, Criminal Appeal, CC and FIR are pending against the petitioner. The petitioner need not seek permission of the passport authorities for travelling abroad. In fact, he has to seek permission of the Court wherein the Criminal proceedings are pending. 11. In view of the facts and circumstances of the case and the submissions made by the learned counsel into consideration, this Court is inclined to dispose of the writ petition by passing the following order: 7 “The petitioner is relegated to approach the concerned Criminal Courts where criminal proceedings are pending against him vide Criminal Appeal No.225 of 2025, C.C.No.667 of 2020.” 12. Insofar as, FIR No.116 of 2022 is concerned, law is very clear that in the cases where FIR is pending consideration, if at all the petitioner has an intention to travel abroad, he can as well file an application/ representation/affidavit before the Investigating Agency duly mentioning the itenary specifying the period of travel to the abroad, name of the country, as well as the purpose of such travel, period of stay and address etc., whenever they intend to leave/before leaving the country. 13. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 21st September, 2026 RKS