Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 15073 (AP)

M VENKATA ASHOK REDDY v. UNION OF INDIA

WP/1705/2026 · 2026-01-28

K Sreenivasa Reddy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010023612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.1705 OF 2026 Between: M. Venkata Ashok Reddy ...PETITIONER AND Union of India and others ...RESPONDENTS Counsel for the Petitioner: 1. M SOLOMON RAJU Counsel for the Respondents: 1. Dy. Solicitor General of India 2. GP for Home The Court made the following ORDER: The present Writ Petition has been filed seeking the following relief. “…….to issue an appropriate Writ, Order or direction, particularly a WRIT OF MANDAMUS declaring the inaction of 2nd respondent in renewing the Passport No.L6542643 of the SRK, J WP No.1705 of 2026 2 petitioner pursuant to his application dated 30.12.2025 and raising objections to renew the passport referring to Crime in FIR No.04/2022 on the file of Chinnachowk Urban Police Station, Chinnachowk Kadapa, YSR District, registered for the offences punishable under Sections 324, 506 read with 34 of the Indian Penal Code, 1860 read with Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015, and a Charge Sheet has been filed in SC No.13/2023 on the file of the learned IV Additional District Judge, Kadapa and FIR No.15 of 2025 on the file of the Chinnachowk Police Station and charge sheet in STC No.224 of 2025 on the file of the learned II Addl. Judicial Magistrate of First Class, Kadapa, for the offence under Section 194(2) of BNS a non cognizable offence, as illegal, arbitrary, contrary to the provisions of the Passports Act, 1967 and the well established legal principles laid down by this Honble Court, as well as Honb'le Apex Court, apart from being violation of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct 2nd respondent to renew the Passport No.L6542643 of the petitioner for a period of 10 years without referring to the crimes involved by the petitioner.” SRK, J WP No.1705 of 2026 3 2. The petitioner herein is a permanent resident of Rajareddy Street, Kadapa City, YSR Kadapa District. He was issued a passport bearing No.L6542643 on 12.12.2013 for a period of ten years. As the passport issued in favour of the petitioner was going to expire on 11.12.2023, he submitted an application dated 11.11.2023 before the respondent Authorities seeking for renewal of the passport. Thereafter, as per the appointment fixed by Respondent No.2, the petitioner attended for enquiry and produced all the relevant documents for renewal of the passport. 3. While so, the petitioner received a letter dated 13.12.2023 from the respondent Authorities, wherein it is stated that on police verification, it was found that the petitioner has been arrayed as an accused in Crime No.04 of 2022 on the file of Chinnachowk Urban Police Station, Chinnachowk Kadapa, YSR Kadapa District, registered for the offences punishable under Sections 324, 506 read with 34 of the Indian Penal Code, 1860 read with 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015, and called upon the petitioner to furnish clearance proofs or No Objection Certificate (NOC) to travel abroad from the competent Court in the above crime, which was numbered as SC No.13 of 2022 on the file of the learned IV Additional District Judge, Kadapa, and further directed the petitioner to submit explanation within 30 days from the date of receipt of the letter dated 13.12.2023. SRK, J WP No.1705 of 2026 4 4. At that juncture, petitioner filed WP No.18544 of 2024 challenging the action of respondents in not renewing his passport referring the above crime registered against him. This Court, by an order dated 23.10.2024, disposed of the said Writ Petition directing respondent Nos.2 and 3 to consider the case of the petitioner and renew the passport of the petitioner, in accordance with law, without raising any objection relating to the Crime registered vide FIR No.04 of 2022 on the file of Chinnachowk Urban Police Station, Chinnachowk, Kadapa, YSR Kadapa district or Criminal Case vide SC No.13 of 2022 on the file of the learned IV Additional District Judge, Kadapa, within a period of two (2) weeks from the date of receipt of copy of the order. 5. Pursuant to the said direction, petitioner approached the respondents and requested them to consider his application. Then the respondents informed him to apply afresh, as the time granted to him has lapsed. Accordingly, he applied afresh on 30.10.2025. Subsequently, the respondents issued the proceedings dated 24.12.2025 seeking fresh explanation and showing new criminal case registered against him in Crime No.15 of 2025 of Kadapa I Town U/G Police Station, for the offence punishable under Section 194(2) of the BNS, which is pending trial in the Court of the learned II Additional Judicial Magistrate of First Class, Kadapa vide STC No.224 of 2025. Petitioner states that once this Court directed to renew the passport without raising any objection with regard to crime or charge sheet, the same principle applies to the other crimes, which are of lesser offences SRK, J WP No.1705 of 2026 5 and despite the orders of this Court the respondents are keeping his application pending for petty reasons. Hence, he filed the present Writ Petition. 6. Heard. Perused the record. 7. A perusal of the material on record goes to show that when the respondents raised an objection for renewal of petitioner’s passport on the ground of pendency of criminal case in FIR No.04 of 2022 on the file of Chinnachowk Urban Police Station, Chinnachowk, Kadapa, YSR Kadapa district, registered for the offences punishable under Sections 324, 506 read with 34 of the Indian Penal Code, 1860 read with 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2015 (SC No.13 of 2022 on the file of the learned IV Additional District Judge, Kadapa), petitioner has approached this Court and filed WP No.18544 of 2024. This Court, while relying upon the decisions of various High Courts and the Hon’ble Apex Court, by an order dated 23.10.2024, disposed of the said Writ Petition directing respondent Nos.2 and 3 to consider the case of the petitioner and renew the passport of the petitioner, in accordance with law, without raising any objection relating to the Crime registered vide FIR No.04 of 2022 on the file of Chinnachowk Urban Police Station, Chinnachowk, Kadapa, YSR Kadapa district or Criminal Case vide SC No.13 of 2022 on the file of the learned IV Additional District Judge, Kadapa, within a period of two (2) weeks from the date of receipt of a copy of the order. Pursuant to the said order, the respondents issued the proceedings dated 24.12.2025 calling for the explanation of the SRK, J WP No.1705 of 2026 6 petitioner by mentioning another criminal case registered against him in FIR No.15 of 2025 of Kadapa I Town U/G Police Station, for the offence punishable under Section 194(2) of BNS, which is pending trial vide STC No.224 of 2025 on the file of the learned II Additional Judicial Magistrate of First Class, Kadapa. When once this Court directed the respondent authorities to renew the passport of the petitioner without raising any objection relating to Crime No.4 of 2022 (SC No.13 of 2022), the same principle applies to the other crimes, which are of offences of lesser gravity. In fact, the case in FIR No.15 of 2025 is a petty case registered for the offence punishable under Section 194(2) of the BNS, which is pending trial vide STC No.224 of 2025 on the file of the learned II Additional Judicial Magistrate of First Class, Kadapa. 8. In view of the afore said facts and circumstances of the case, the Writ Petition is disposed of, with a direction to respondent Nos.2 and 3 to consider the case of the petitioner and renew the passport of the petitioner, in accordance with law, without raising any objection relating to the Crimes registered vide FIR No.04 of 2022 on the file of Chinnachowk Urban Police Station, Chinnachowk, Kadapa, Y.S.R. Kadapa District (SC No.13 of 2022 on the file of the learned IV Additional District Judge, Kadapa) or Crime No.15 of 2025 of Kadapa I Town U/G Police Station (STC No.224 of 2025 on the file of the learned II Additional Judicial Magistrate of First Class, Kadapa), within a period of two (02) weeks from the date of receipt of a copy of this order. SRK, J WP No.1705 of 2026 7 9. Further, if the petitioner intends to travel abroad, he shall obtain prior permission from the Court concerned for such travel and shall appear before the trial Court, whenever his presence is required by the Court. 10. However, this order shall not preclude the prosecution from taking such steps as are necessary to ensure the presence of the petitioner for any other purposes. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date:29.01.2026 Nsr SRK, J WP No.1705 of 2026 8 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.1705 of 2026 Date:29.01.2026 Nsr