APHC010525322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.27433 OF 2025 Between: Yalagala Narendra ...PETITIONER AND Union of India and others ...RESPONDENTS Counsel for the Petitioner: 1. JOSEPH PREM KUMAR KUMMARIKUNTA 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 processing the online application dated 29.07.2025 submitted by the petitioner for Re-issue of his passport. 2. Case of the petitioner is that, he is a resident of Piduguralla Town of Palnadu district (Erstwhile Guntur district). He was having Passport bearing No.P5219826, issued on 16.01.2017 by the Passport Office, Visakhapatnam for a period of 10 years, SRK, J WP No.27433 of 2025 2 which will expire by 15.01.2027. As his passport was badly damaged in his Bus journey from Hyderabad to Piduguralla on a rainy day, he applied for Re-issue of his passport through online Application bearing No.VJ2075410767425, dated 29.07.2025. The application of the petitioner was not being processed by the respondent authorities on the ground that he was involved in a case in Crime No.36 of 2023 of Martur Town Police Station, Bapatla district, registered for the offences punishable under Sections 337 and 304A IPC. Petitioner states that the said case is pending for investigation and no competent Court has taken cognizance of the same. 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.36 of 2023 of Martur Town Police Station, Bapatla district 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 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., SRK, J WP No.27433 of 2025 3 (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 reissue 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 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 SRK, J WP No.27433 of 2025 4 Kasturi Rangacharyulu vs. Central Bureau of Investigation, after considering Section 6(2)(f) of the Passports 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 dependent 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 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 respondent Nos.2 and 3 to consider the application of the petitioner, for re-issue of his passport, without raising any SRK, J WP No.27433 of 2025 5 objection relating to the pendency of Crime No.36 of 2023 of Martur Town Police Station, Bapatla district. 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:25.02.2026 Nsr SRK, J WP No.27433 of 2025 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.27433 of 2025 Date:25.02.2026 Nsr