APHC010685512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 35175/2025 Between: 1. GUNDAPU RAJESH KUMAR, S/O.CHALAPATI RAO, AGED 51 YEARS, RESIDENT OF FLAT NO-906, BLOCK-5, APARNA AMARAVATI ONE, TADEPALLI, GUNTUR DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA, REP BY ITS UNDER SECRETARY, MINISTRY OF EXTERNAL AFFAIRS,SOUTH BLOCK, RAISINA HILL, NEW DELHI, INDIA-110 001 2. 2. THE REGIONAL PASSPORT OFFICEER, 4TH FLOOR, STALIN CENTRAL, D.NO.27-37-158, GOVERNORPET, M.G.ROAD,VIJAYAWADA-520 002, ANDHRA PRADESH. 3. 3. THE STATION HOUSE OFFICER, POLICE, SURYARAO PET POLICE STATION, VIJAYAWADA, N.T.R.DISTRICT, A.P. ...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 toleased to issue Writ, or Writs, Order or Orders or direction more particularly one in the nature of writ of mandamus declaring the impugned show cause notice issued vide SCN/1049340623/25 in File no.VJ2075147684525 dt. 13-06.2025 where in rejecting to issue pass port to the petitioners application in file No. VJ2075147684525 and its consequential showas illegal, arbitrary, unconstitutional letter No. OBJ/1052642300/25 2 JS,J W.P.No.35175/2025 dated 08-12-2025 as illegal, arbitrary and also violation of Article 21 of Constitution of India as well against well settled principles of law and consequently direct the 2nd respondent to issue passport to the petitioner by setting aside the impugned proceedings dated 13-06-2025 and 08-12-2025 and pass 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 pleased to direct the respondents to process the application No.25- 1051070894, vide File number VJ2075147684525 dt. 09-06-2025 for issuance or/and renewal of petitioer?s passport bearing No. M7363876 without reference to the criminal case and pass any such other order/orders as this Honourable court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. KIRAN TIRUMALASETTI Counsel for the Respondent(S): 1. GP FOR HOME 2. PELLETI RAJESH KUMAR (CENTRAL GOVERNMENT COUNSEL) 3 JS,J W.P.No.35175/2025 The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <…to issue Writ, or Writs, Order or Orders or direction more particularly one in the nature of writ of mandamus declaring the impugned show cause notice issued vide SCN/1049340623/25 in File no.VJ2075147684525 dt. 13-06.2025 where in rejecting to issue pass port to the petitioners application in file No. VJ2075147684525 and its consequential showas illegal, arbitrary, unconstitutional letter No. OBJ/1052642300/25 dated 08- 12-2025 as illegal, arbitrary and also violation of Article 21 of Constitution of India as well against well settled principles of law and consequently direct the 2nd respondent to issue passport to the petitioner by setting aside the impugned proceedings dated 13-06-2025 and 08-12-2025 and pass…= 2. The petitioner's case, in brief, is that the petitioner was issued a passport bearing No.M7363876, dated 13.03.2015, for ten years period. On 09.06.2025, the petitioner has submitted an application for renewal of passport vide file No.VJ2075147684525. Pursuant to his application, the respondent authorities have not processed his application and issued a show cause notice vide SCN/1049340623/25 dated 13.06.2025 seeking explanation of the petitioner for his involvement in Crime No.136 of 2024 on the file of Suryaraopet Police Station, Vijayawada. 3. Learned counsel for the petitioner submits that the petitioner?s passport was not renewed on the ground that he was involved in a case in crime No. 136 of 2024 on the file of Suryaraopet Police Station, Vijayawada. Learned counsel for the petitioner also submits that mere pendency of criminal cases is no ground to deny reissuance of a passport. He further argues that the Hon?ble Apex Court in Satwant Singh Sawhney v. D. Ramarathnam, Assistant Passport Officer, New Delhi and Others1, it is observed that the right to travel Abroad is a part of personal liberty and that cannot be deprived of except according to procedure established by law as per Article 21 of the Constitution of India. 1AIR 1967 SC 1836 4 JS,J W.P.No.35175/2025 4. A Division Bench of this Court in W.A.No.383 of 2024, considered the said aspect of cognizance by the Court in a criminal case vis-à-vis an application made for the issuance of a passport and observed as follows: <16. Considering the facts of the present case on the touchstone of the principles laid down in the aforementioned judgments, it is clear that the Court of Special Mobile Judicial First Class Magistrate, Kakinada, having not taken judicial notice of the charge sheet filed before it, cannot be said to have taken cognizance much less can the Court be said to have initiated proceedings in terms of Chapter XVI of the Code of Criminal Procedure. 17. Therefore, we would have no hesitation in holding that proceedings would be said to have been pending only if cognizance had been taken by the Court and steps had been taken by the Court under Chapter XVI of the Code of Criminal Procedure. Since, there was no cognizance taken, there would be no question of >proceedings pending before a criminal Court?, which would attract the provisions of Section 6(2)(f) of the Passports Act, 1967.= 5. Learned counsel for the petitioner further submits that the police after investigation issued proceedings bearing No.CNo.107/Ref/ACP-SD/2025 dated 23.08.2025 and referred crime No.136 of 2024 registered against the petitioner as >false?. 6. On the other hand, learned Assistant Government Pleader for Home, on instructions, submits that in response to the show cause notice dated 13.06.2025, petitioner has submitted his explanation. Further, after investigation, the Crime No.136 of 2024 registered against the petitioner was referred as False vide CNo.107/Ref/ACP-SD/2025 on 23.08.2025. 6. Considering the submissions made on both sides, as the Crime No.136 of 2024 registered against the petitioner was referred as False, this Court 5 JS,J W.P.No.35175/2025 feels it appropriate to dispose of the writ petition by directing the respondents to issue passport in favour of the petitioner without any further delay. 7. With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this appeal shall stand closed. ________________________________ JUSTICE SUMATHI JAGADAM Dated: 07.01.2026 RSD 6 JS,J W.P.No.35175/2025 92 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 35175/2025 Dated: 07.01.2026 RSD