APHC010673792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 34790/2025 Between: 1. BANDARUPALLI GOPINATH @ GOPI, S/O HANUMANTHA RAO, AGED ABOUT 32 YEARS, OCC. EMPLOYEE, R/O.D.NO.7-102/2, NEAR VINAYAKA TEMPLE SATHULURU VILLAGE, NADENDIA MANDAL, GUNTUR DISTRICT, CURRENTLY RESIDING IN 20 DAYS ROAD, GREAT BARR, BIRMINGHAM, WEST MIDLANDS, B44 8SF. . ...PETITIONER AND 1. THE UNION OF INDIA, MINISTRY OF EXTERNAL AFFAIRS. REP. BY ITS PRINCIPAL SECRETARY SOUTH BLOCK. NEW DELHI 110 001. 2. THE PASSPORT AUTHORITY OF INDIA, REP. BY ITS CHIEF PASSPORT OFFICER, PSP DIVISION MINISTRY OF EXTERNAL AFFAIRS. ROOM NO 8, PATIALA HOUSE, TILAK MARG, NEW DELHI 110 001. 3. THE REGIONAL PASSPORT OFFICE, REP. BY ITS REGIONAL PASSPORT OFFICER, 4TH FLOOR, STALIN CENTRAL, GOVERNORPET, M G ROAD, VIJAYAWADA ANDHRA PRADESH. 4. THE SUPERINTENDENT OF POLICE, NARASARAOPET, PALNADU DISTRICT. 5. THE STATION HOUSE OFFICER, NADENDLA POLICE STATION, PALNADU DISTRICT. ...RESPONDENT(S): 2 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring that the action of the Respondents in not reissuing of the Passport bearing No. M9695567 issued in my favour by considering the Application with File Number UK1075572019925 citing the pendency of the Criminal Case in Spl. SC.No. 104/2022 on the file of the Court of the IV Additional District and Sessions Judge Cum Special Sessions Court for SC/ST Cases, Guntur, where I was arrayed as Accused No.7 along with others, which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice, contrary to the provisions of the Passport Act, 1967 and in violation of Articles 14, 19 and 21 of the Constitution of India, consequently direct the Respondents to reissue the Passport bearing No. M9695567 issued in my favour by considering the Application with File Number UK1075572019925 without referring to the Pending Criminal Case in Spl. SC.No. 104/2022 on the file of the Court of the IV Additional District and Sessions Judge Cum Special Sessions Court for SC/ST Cases, Guntur. 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 respondents to consider the Application with File Number UK1075572019925 submitted by me for reissuance of Passport NO.M9695567 without referring to the pendency of the Criminal Case in Spl. SC.No.104/2022 on the file of the Court of the IV Additional District and Sessions Judge Cum Special Sessions Court for SC/ST Cases, Guntur, pending disposal of the above Writ Petition. Counsel for the Petitioner: 1. MANIKANTA THOTA Counsel for the Respondent(S): 1. GP FOR HOME 2. AKHIL KRISHNAN CENTRAL GOVT COUNSEL The Court made the following 3 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home and learned Central Government Counsel appearing on behalf of the respondents. 2. The petitioner is an Indian citizen and applied for renewal of his Passport bearing No.M9695567 on 29.04.2025 vide Application Reference No. 25-2002248572 and File No. UK1075572019925. Pursuant to his application, the respondent authorities have not processed his application due to the submission of an adverse verification report by the Police i.e., the involvement of the petitioner in Crime No. 143 of 2020, registered on the file of Nadendla Police Station, Palnadu District. 3. Learned counsel for the petitioner would submit that the petitioner travelled to United Kingdom in the year 2023 and has been residing in Birmingham since then. He would also submit that mere pendency of criminal case is not a bar to issue passport to the petitioner and, in support of his contention, learned counsel for the petitioner relied on the judgment of the Hon?ble Supreme Court in Sumit Mehta v. State of NCT of Delhi1. 4. At the hearing, learned Assistant Government Pleader for Home appearing on behalf of the respondent Nos. 4 and 5, submits that the concerned Police with regard to Crime No. 143 of 2020 on the file of Nadendla Police Station filed charge sheet on the file of the Court of IV Additional District and Sessions Judge – cum - Special Sessions Judge for SC/ST Cases, Guntur (for short, >the trial Court?) vide Spl.S.C.No. 104 of 2022, wherein the petitioner herein was arrayed as Accused No. 7. He further submits that the trial Court issued Non-Bailable Warrant to the petitioner on 24.03.2025. Since the competent Court has taken cognizance, the petitioner has to approach the concerned Court. 1 2013 (15) SCC 570 4 5. In reply, learned counsel for the petitioner submitted that as the petitioner?s passport expired on 08.06.2025, the petitioner filed an Undertaking Affidavit before this Court on 07.01.2026, which reads as follows: <5. …………………………………………… I further contend that if the passport is renewed/reissued, I would come down to India and also file an Application to Re-call the warrant which is pending against me, after renewal of passport, after coming down to India and after getting Re-call the warrant, I will take permission from the Criminal Court i.e., IV Additional District and Sessions Judge Cum Special Sessions Court for SC/ST Cases, Guntur to travel abroad and I will not avoid any Criminal Prosecution, as such I am giving this undertaking Affidavit with my free consent and will and same is true and correct statement. I also hereby declare that I do not neglect or avoid any further prosecution as directed by this Hon?ble Court.= 6. Upon considering the arguments of learned counsel for the petitioner and the instructions of learned Assistant Government Pleader for Home and duly considering the Undertaking Affidavit filed before this Court, this Court feels it appropriate to dispose of the Writ Petition with the following terms and conditions: (a) the respondent authorities are directed to renew the petitioner?s Passport strictly in accordance with the Passports Act, 1967. (b) subsequent to renewal of his passport, the petitioner shall appear before the learned IV Additional District and Sessions Judge Cum Special Sessions Court for SC/ST Cases, Guntur, within six (6) months from the date of renewal of his passport, to recall the NBW pending against him, failing which the respondents are at liberty to cancel the renewal of his passport. (c) the petitioner shall duly obtain permission from the trial Court before leaving abroad. 5 No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________________ JUSTICE SUMATHI JAGADAM Dated: 08.01.2026 KAS 6 297 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 34790/2025 Dated: 08.01.2026 KAS