APHC010025912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.1872 OF 2026 Between: Mandava Goutham ...PETITIONER AND Union Of India and others ...RESPONDENTS Counsel for the Petitioner: 1. SRINIVASU L Counsel for the Respondents: 1. THENEPALLI NIRANJAN SC FOR CENTRAL. GOVT 2. GP FOR HOME The Court made the following ORDER: The present Writ Petition has been filed questioning the action of the respondent authorities in not renewing the petitioner’s Passport bearing No.L7700272 pursuant to his application dated 23.10.2023. 2. Case of the petitioner is that, initially the then Passport Officer, Hyderabad had issued Passport in his favour on 28.02.2014, vide Passport bearing No.L7700272, which was valid SRK, J WP No.1872 of 2026 2 up to 27.02.2024. The petitioner is in business. Because of business activities, he has to visit various countries. His children are settled in USA. As the petitioner’s Passport expired on 27.02.2014, he made an online application bearing No.VJB075902588323, dated 23.10.2023, seeking renewal of the said Passport. The application of the petitioner was not being processed by the respondent authorities on the ground that two criminal cases are pending against the petitioner in Crime No.15 of 2022 of Ponnuru Rural Police Station (CC No.318 of 2022 on the file of the learned Additional Junior Civil Judge, Ponnuru) and Crime No.167 of 2023 of Ponnuru Rural Police Station. Petitioner states that Crime No.15 of 2022, which was numbered as CC No.318 of 2022 on the file of the learned Additional Junior Civil Judge, Ponnuru, was settled in Lok Adalat and Award dated 08.03.2025 was passed, acquitting him of the offences under Sections 506 and 509 IPC. In respect of Crime No.167 of 2023 of Ponnuru Rural Police Station, it is pending for investigation. Aggrieved by the non-consideration of his application, the petitioner has approached this Court. 3. Learned Assistant Government Pleader for Home submitted that the case in Crime No.167 of 2023 of Ponnuru Rural Police Station is at the stage of investigation. 4. The issue and renewal of passports is regulated by the Passports Act, 1967. Section 6(2), extracted below, is relevant for this purpose. (2) subject to the other provisions of this Act, the passport authority shall refuse to issue a SRK, J WP No.1872 of 2026 3 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., (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 of 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. The grounds on which, the renewal of the passport of the petitioner is being refused could at best fall within the ambit of Section 6(2)(f) of the Passports Act,1967. This provision has SRK, J WP No.1872 of 2026 4 been considered in various cases and the ambit of this provision is fairly settled. 5. The Hon’ble Supreme Court of India in its Judgment dated 27.09.2021 in Crl.A.No.1342 of 2017 in the case of Vangala Kasturi Rangacharyulu vs. Central Bureau of Investigation, after considering Section 6(2)(f) of the Passport Act, 1967, held that the passport authority cannot refuse renewal of the passport on the ground of pendency of a criminal case and directed the passport authority to renew the passport. 6. A learned Single Judge of the High Court at Madras in the order dated 04.02.2021 in W.P.No.20058 of 2020 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 renewal of the passport would be depended on no objection being given by the concerned Court. 7. The Central Government has also issued G.S.R.No.570(E), dated 25.08.1993 stipulating that a no objection order would be required from a Court only if it falls within the ambit of Section 6(2)(f). 8. In view of the fact that Section 6(2)(f) of the Act, 1967, would arise only when there is a pending proceeding before the Criminal Court after cognizance is taken, it would have to be held SRK, J WP No.1872 of 2026 5 that as of now there is no pending criminal proceeding before the Court. 9. Accordingly, this Writ Petition is disposed of with a direction to respondents 3 to 5 to consider the application of the petitioner, for renewal of his Passport No.L7700272, without raising any objection relating to the pendency of Crime No.167 of 2023 of Ponnuru Rural police Station. It is further observed that if the petitioner intends to travel abroad, it is needless to mention that he has to resort in filing an application before appropriate Court seeking No-objection Certificate (NOC). 10. However, this order shall not preclude 6th respondent- Station House Officer, Ponnur Rural Police Station, Guntur district from taking such steps as are necessary to ensure the presence of the petitioner, for conduct of the investigation of the aforesaid crime for any other purposes. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:23.01.2026 Nsr SRK, J WP No.1872 of 2026 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.1872 of 2026 Date:23.01.2026 Nsr